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Forklift locomotion and questions of causation

Toll Pty Ltd v Harradine [2016] NSWCA 374 (21 December 2016)

The NSW Court of Appeal recently upheld an appeal by an employer against a finding that an injury involving the use of a forklift occurred ‘during the driving of a vehicle’ within the meaning of section 3A(1)(a) of the Motor Accidents Compensation Act 1999 (‘MACA’).

The decision on this point in forklift cases is critical to determining which damages regime will apply in assessing the damages payable to the injured worker, being either the MACA which may include allowance for non-economic loss or the more restrictive Workers Compensation Act 1987  under which damages are limited to past and future economic loss.

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