Miller v WorkCover Queensland
[2024] QDC 167 · Loury KC DCJ
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.
- 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
- 1 October 2024
- Claim type
- WCRA Common Law
- Proceeding
- Costs
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 52
- Occupation
- General manager of water manufacturing business (Wet Fix Pty Ltd) Manager
Outcome
Following dismissal of the plaintiff's claim at trial, the court ordered the plaintiff to pay the defendant's costs on the standard basis from 7 September 2022 pursuant to s 316(2)(b) WCRA, the defendant having made a final offer of settlement that was refused.
Key issues
Miller v WorkCover Queensland [2024] QDC 167
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