Phone call compo bid suc­cess­ful

Townsville Bulletin - - NEWS -

A TRUCK­ING man­ager who was in­jured when he slipped get­ting out of a shower at home to an­swer his work mo­bile phone has won his ap­peal for work­ers’ com­pen­sa­tion.

Robert Ziebarth con­vinced a Queens­land In­dus­trial Re­la­tions Com­mis­sioner his in­jury was work- re­lated be­cause he was on call and was ex­pected to an­swer his work phone.

Mr Ziebarth was fleet ser­vice man­ager at Blen­ners Trans­port’s Tully de­pot when the in­ci­dent oc­curred at his Mis­sion Beach home on March 21, 2013.

He said he was show­er­ing when he heard his work mo­bile phone ring­ing.

He said he moved out of the shower, slipped on wet bath­room tiles, fell for­ward and caught him­self.

He claimed he had been chas­tised for not an­swer­ing his work mo­bile phone and felt obliged to an­swer when it rang.

The next day he felt ex­cru­ci­at­ing pain in his lower back and right leg, say­ing it felt like he was “hooked up to an elec­tric fence or elec­tric cur­rent”.

Chi­ro­prac­tors and doc­tors di­ag­nosed a disc protru­sion.

A Work­ers’ Com­pen­sa­tion Reg­u­la­tor de­ci­sion to re­ject Mr Ziebarth’s claim was set aside, and his claim was ac­cepted.

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