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A worker who slipped on a wet log and broke his femur while walking his dog around a lake in Tasmania has won a workers compensation claim dispute, Insurance News in Australia reported Monday on a court ruling in Tasmania.
The injured man, who was employed for an electric company, was required to live in the employer’s accommodation and had been walking his dog while on call for work duties, according to the report.
The man’s employer disputed his workers comp claim, arguing the “injury did not arise out of or in the course of his employment.” However, the Tasmanian Workers Rehabilitation and Compensation Tribunal upheld his claim.
The worker’s attorneys say the case highlights that injuries sustained during non-work activities while employees are either on call, or away on location for work, can lead to compensability, even though the required connection between the activity and the employment “can be tenuous,” according to the report.
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