Miner beaten in his sleep to claim compo
A MAN who was beaten while sleeping in housing provided by his employer is potentially eligible for compensation, one of the state's top judges says.
The Industrial Court of Queensland this week dismissed an appeal by Mackay region employer Civeo Pty Ltd against the state's Workers' Compensation Regulator.
Justice Glenn Martin ruled Shane Cumbers might have been in bed when he was injured, but he was eligible for compensation because he was in accommodation his employer "induced or encouraged" him to use.
Mr Cumbers was working for Civeo in 2010 when he was attacked while sleeping in quarters at MAC Moranbah Village.
The village, as well as others in Dysart, Middlemount, Coppabella and Nebo Junction, was owned by his employer.
The appliance technician woke about 1.50am to find someone hitting him in the face and ribs.
Mr Cumbers had met the assailant earlier that evening while he and others were drinking alcohol and smoking marijuana.
When he went to bed Mr Cumbers locked the door, but the assailant stole a master key and let himself in.
Mr Cumbers made a worker's compensation claim for physical and psychological injuries.
His claim was approved, but Civeo asked the Queensland Industrial Relations Commission to over-rule the decision.
The commission at the time said that although the injury happened "in the course of" Mr Cumbers's employment, his employment was not a "significant contributing factor".
Justice Martin ruled Mr Cumbers' injury happened in circumstances where the employer had induced or encouraged him to be after work.
And as a result, Mr Martin said the injury arose out of or in the course of his employment.
- APN NEWSDESK