Duckworth v Simon Blackwood (Workers' Compensation Regulator)

Duckworth v Simon Blackwood (Workers' Compensation Regulator) [2018] QWC 8 involved a dispute between Mr Duckworth, a truck driver, and the Workers' Compensation Regulator over whether Mr Duckworth was entitled to compensation following a physical altercation with a colleague, Mr Cameron. The primary issues before the court were whether Mr Duckworth's actions constituted serious and wilful misconduct, and if his employer, Boardmans, directed him to engage in such conduct. The court also considered whether Mr Duckworth's employment was a significant contributing factor to the injury. The Commission found that Mr Duckworth's actions leading up to the altercation were both serious and wilful misconduct, as he engaged in a physical altercation despite knowing the risks and that such conduct would result in dismissal. The court rejected the argument that Mr Duckworth's employer directed him to engage in the misconduct, finding that while Mr Boardman suggested resolving issues outside of work, this did not constitute an implied direction to fight. The Commission concluded that Mr Duckworth's injury was caused by his own serious and wilful misconduct and that employment was not a significant contributing factor to the injury. The appeal was dismissed, and the decision of the Regulator was confirmed. Mr Duckworth was ordered to pay the Regulator's costs of and incidental to the appeal.