Abstract

Whether treatment of a claimant as a worker under the W/C Act prevents later denial of the fact in respect of indemnity cover in respect of a later claim for common law damages

Article

In SS Family Pty Ltd v Workcover Qld [2018] QCA 296, it was held that Workcover’s treatment of a claimant as a worker  for the provision of worker’s compensation benefits did not preclude its denial of that fact in relation to the provision of indemnity to the insured employer in respect of a claim for common law damages for the same injury.

 

The decision was not founded on any principle of estoppel but on the construction of the provisions of the Workers’ Compensation Act.