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Australia Man who strained his back picking up company car keys will receive workers compensation

23:51  21 january  2021
23:51  21 january  2021 Source:   msn.com

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a hand holding a remote control: Robert Thelan strained his back while leaning out the door of a company car. (Pexels) © Provided by ABC Business Robert Thelan strained his back while leaning out the door of a company car. (Pexels)

A man who accidentally dropped the keys to a company car, and strained his back picking them up, will receive workers compensation.

The South Australian Employment Tribunal has ruled that Robert Thelan, a works coordinator for SA Power Networks, must be compensated for the injury.

Mr Thelan was on call at home, on September 9, 2019, when he received a text message asking him to attend a job to fix a power line.

He got dressed for work and went out to the company Ford Ranger in his driveway, and sat down in the drivers' seat.

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Mr Thelan accidentally dropped the keys to the four-wheel-drive ute onto the driveway, according to the judgment of Deputy President Judge Miles Crawley.

Staying in the seat, 90 centimetres above the ground, he leaned out the driver's side door to pick them up, straining his back in the process.

He drove to the Port Pirie SA Power Networks depot and reported the injury, and was taken to hospital soon after.

He was subsequently unable to work and incurred medical expenses, but SA Power Networks rejected his compensation claim.

The company, which builds and maintains the state's electricity infrastructure, argued that the injury "did not arise from employment and employment was not a significant contributing cause of the injury".

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SA Power Networks said Mr Thelan was "merely undertaking activity preparatory to undertaking duties of employment".

But he submitted that his injury did occur when he was carrying out his duties of employment, and that he therefore deserved compensation.

Under his employment agreement, he started getting paid when he began his journey to a job, and he was required to use a company vehicle to get there.

In 2019, another judge had found that there needed to be a "real and substantial connection between the employment and the accident" as well as "a real and substantial connection between the employment and the journey" for an injury to be compensable.

But in this week's case, Judge Crawley said Judge Brian Gilchrist was wrong in his decision.

"I find that it is not a prerequisite to compensability that there be a real and substantial connection between the accident and the employment," the judgement reads.

SA Power Networks declined to comment.


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