A finding that an injury arose out of or in the course of employment does not, without more, satisfy the requirement under s 9A of the Workers Compensation Act 1987 that employment be a substantial contributing factor to the injury. Section 9A(3)(a) explicitly precludes such reasoning and requires a separate factual inquiry. The Hatzimanolis principle regarding injuries sustained while living on employer's premises is not confined to remote locations; it applies wherever the employer has induced or encouraged the worker to reside on the property, and the absence of a direction to live on site does not preclude a finding of inducement or encouragement.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
3 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.