Pre-School Teacher Wins Work Cover claim for Psychological Injury

Pre-School Teacher Wins Work Cover claim for Psychological Injury

On 18 March 2011, a Kindergarten Teacher who had been employed for 22 years with the same employer won her claim for compensation in the Melbourne Magistrates' Court in respect of a psychological injury which occurred at work. We assisted the worker with her Court Proceedings

The employer issued the worker with a letter telling her to attend a disciplinary meeting where she would be issued with a first and final warning in relation to four allegations. The worker ceased work at this time because of a psychological condition. The worker submitted a claim for compensation which was rejected by the Work Cover Insurer on the grounds that her psychological condition was predominately caused by an expectation of reasonable action taken in a reasonable manner by the employer. She issued court proceedings in respect of the rejected claim.


The Magistrate dismissed the employer's claims that worker had an expectation of reasonable disciplinary action taken in a reasonable manner. He found that although the worker expected to be disciplined, it could not possibly be an expectation of reasonable action taken in a reasonable manner as she had already been advised that she would be issued with a first and final warning, despite anything she might say in her defence to the allegations raised.

The Magistrate found that the worker could not work by reason of her psychological injuries caused by her employment and was therefore entitled to ongoing weekly payments (wages) and medical expenses.

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