Driver wins Lin­fox com­pen­sa­tion case ap­peal

Australian Transport News - - News | Inside The Industry -

A for­mer Lin­fox tanker driver who was phys­i­cally as­saulted while on the job has won his Fed­eral Court of Australia ap­peal against an Ad­min­is­tra­tive Ap­peals Tri­bunal ( AAT) rul­ing.

Kym O’Lough­lin had been in­jured in Mel­bourne after in­ter­ven­ing in a vi­o­lent al­ter­ca­tion be­tween a man and a woman at a ser­vice sta­tion where he was de­liv­er­ing fuel.

The ap­peal means Lin­fox must pay the O’Lough­lin’s costs and re­sume pay­ing com­pen­sa­tion for the in­juries he sus­tained.

Lin­fox had paid com­pen­sa­tion from 2010 to 2014 after ac­cept­ing li­a­bil­ity but had halted pay­ments in early 2014 after a High Court rul­ing the year be­fore.

In that case, Com­care v PVYW, an em­ployee was judged to have in­jured her­self dur­ing an “in­ter­val” in her work for a com­pany un­con­nected to that com­pany.

The AAT ruled in 2014 that the driver’s in­juries were sus­tained in the course of his em­ploy­ment and not dur­ing an in­ter­val in his em­ploy­ment, as Lin­fox had con­tended when it re­voked the Septem­ber 2010 de­ter­mi­na­tion.

But it did de­cide com­pen­sa­tion “does not ap­ply” if in­juries were sus­tained be­cause the em­ployee “vol­un­tar­ily and un­rea­son­ably sub­mit­ted to an ab­nor­mal risk of in­jury”.

How­ever, the judge found that the driver had not ini­ti­ated the fight and had been do­ing his job at the time.

A com­ment from Lin­fox has been sought.

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