Miller v WorkCover Queensland
[2024] QDC 156 · Loury KC DCJ
Lisa Miller, the general manager and majority beneficial owner of a water manufacturing company, claimed she developed post-traumatic stress disorder after her estranged husband, who was the company's sole director, allegedly strangled her during a workplace argument over a laptop in February 2019. She sued WorkCover Queensland for damages. The court found her evidence completely lacking in credibility, she had fabricated a photograph of a neck injury (actually an image downloaded from the internet), altered a witness statement during the trial, and concealed income. The judge accepted the husband's account that the plaintiff was the aggressor and that no strangulation occurred. The court also found she was effectively a director rather than a worker, that any assault was not reasonably foreseeable, and that there was no causal link between the incident and any psychiatric condition (her stress arose mainly from her failed marriage and litigation). The claim was dismissed. Had she succeeded, the court would have awarded nothing for general damages and only modest special damages.
Incident & injury
Plaintiff alleged she was strangled by her estranged husband (the company's director) during a workplace argument over a laptop; court found she was the aggressor and rejected the strangulation account.
Read the findings as text
- Alleged workplace assault. Claim against WorkCover.
- Evidence not credible. Fabricated and altered.
- Claim dismissed. [2024] QDC 156.
- Body regions
- Psychiatric
- Diagnoses
- Alleged PTSD (not established), Adjustment disorder (pre-existing, related to marital breakdown)
- Incident date
- 20 February 2019
- Location
- Wet Fix Pty Ltd factory premises, Brisbane area
Quick facts
- Date of judgment
- 18 September 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 52
- Occupation
- General manager of water manufacturing business (Wet Fix Pty Ltd) Manager
- Liability
- Disputed
- Total damages
- $0
Outcome
The plaintiff's claim was dismissed. The court found her evidence devoid of credit (she had fabricated and tampered with evidence), held she was not a worker but a de facto director, was not satisfied she had been strangled, and found no causal link between the incident and any psychiatric injury. Her application to re-open her case was refused. Damages were assessed contingently at nil general damages and around $4,500 special damages had she succeeded.
Defendant
1 WorkCover Queensland
Workers' compensation insurer (for Wet Fix Pty Ltd)
- Judgment against this defendant
- $0
Heads of damage
| General damages | $0 |
|---|---|
| Past economic loss | $0 |
| Future loss of economic capacity | $0 |
| Past special damages (WorkCover) | $4,014 |
| Future special damages | $0 |
| Subtotal before refunds | $4,500 |
Key issues
Miller v WorkCover Queensland [2024] QDC 156
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Learn more about WorkCover common law claims and psychological injury claims in Queensland.