We acted for the widow of a FIFO worker who died of a heart attack while working out in a company provided gym. The application was under the First Schedule of the Workers Compensation and Injury Act 1981 (WA). The case was fought to a hearing at the Arbitration Service. The Arbitrator found that:
“On balance, I consider the evidence establishes that Goodline encouraged Mr Tamara to keep healthy and in essence,keep fit. It should not be a surprise to Goodline to therefore find Mr Tamara exercising in between work hours. Although expressed in general terms, I find Goodline encouraged Mr Tamara to perform the very activity he was performing at the time of his death, namely exercise.
Given the above, I find that Mr Tamara was injured during a work interval while performing an activity encouraged by Goodline.
That being the case, I find that Mr Tamara’s death resulted from a personal injury by accidnt arising out of or in the course of his employment with Goodline.
Given my findings, Goodline is ordered to pay Ms Tamara the whole of the applicable Notional Residual Entitlement, namely the sum of $298,810.00.”
This case is an example of the the operation of Hatzimanolis v ANI Corporation Ltd to injured Fly in – Fly Out workers. A very good result for a lady who had lost the love of her life.