O'Loughlin and Linfox Australia Pty Ltd (Compensation)

This matter concerned an appeal by Mr O’Loughlin against a decision by Linfox Australia Pty Ltd to revoke liability for injuries sustained on 7 September 2010. The dispute centred on whether Mr O’Loughlin's knee injury, which occurred during an assault, arose out of or in the course of his employment as a tanker driver. The case was heard by Senior Member Egon Fice.

The primary legal issues before the Tribunal were whether Mr O’Loughlin's injury arose in the course of his employment, and if so, whether an exclusionary provision applied. Specifically, the Tribunal had to determine if the injury occurred during an interval or interlude of employment, and crucially, if Mr O’Loughlin had voluntarily and unreasonably exposed himself to an abnormal risk of injury, thereby precluding compensation under the relevant legislation.

Senior Member Fice reasoned that while the injury occurred at Mr O’Loughlin's place of work and while he was engaged in his employment duties, the exclusionary provision of section 6(3)(a) of the *Safety, Rehabilitation and Compensation Act* (SRC Act) was engaged. The Tribunal found that Mr O’Loughlin's actions, which led to the assault, constituted a voluntary and unreasonable submission to an abnormal risk of injury, given his duties and the employer's prohibition against altercations with the public. Consequently, the injury could not be treated as having arisen in the course of his employment for the purposes of the SRC Act.

The Tribunal affirmed the decision made by Linfox Australia Pty Ltd on 7 January 2014, which had revoked liability for Mr O’Loughlin's injuries.