In this episode of Inside the Claim with CGW, Cooper Grace Ward’s workers’ compensation podcast, special counsel Damien Jarrett and Jess Byrne discuss Hunter v Alliance Airlines Pty Ltd, a Supreme Court claim in which Damien acted for the employer, Alliance Airlines. Ms Hunter, a cabin crew member, injured her back while applying force to free a jammed galley cart from its stowage bay, having adopted an ‘off-centre’ pulling position rather than standing squarely in front of it.
Jess and Damien unpack how the case shifted from broader allegations about cart maintenance and staffing into a training case over three years of pleadings. They discuss the impact of limited past issues or injuries in the same setting, and the extent of the training the court required. They also explore the quantum arguments, including how the court treated Ms Hunter’s decision to pursue her own business rather than return to work after having a child, and at what point that pursuit became unreasonable. Ms Hunter was awarded just over $600,000 in damages.
Tune in to hear Damien’s reflections on what the matter taught him about defending manual handling claims.
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