VICTORIAN WORKCOVER AUTHORITY v MICHAELS

26 VR 88·Neave and Mandie JJA and Byrne AJA
26 VR 88
26 VR 88
VICTORIAN WORKCOVER AUTHORITY v MICHAELSCourt of AppealNeave and Mandie JJA and Byrne AJA13 October, 17 November 2009[2009] VSCA 261Accident compensationWorkers compensationEntitlementInjuryCourse of employmentSuccessive short-term contracts of employmentInjury suffered prior to commencement of next contractUniversity lecturer injured in bookshop inspection of teaching textsWhether activity sufficiently incidental to performance of forthcoming work“Arising out of or in the course of any employment”Accident Compensation Act 1985 (No 10191) s 82(1)..

M, a university lecturer, completed a short-term contract of employment on 8 April 2003. On 28 April 2003, he entered into a further seven week contract with the university to commence teaching on 7 May 2003. On 30 April 2003, M suffered an injury in a bookshop while looking for and perusing suitable texts in preparation for his forthcoming university classes. He applied to the County Court for a declaration of entitlement to benefits under s 82(1) of the Accident Compensation Act 1985. The trial judge answered this preliminary question in favour of the worker. The insurer appealed.

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