Bloke who was on-call for work when he slipped and broke his leg while walking his dog WINS compo fight after battle with his boss
A man who fell and broke his leg while walking his dog has won a worker’s compensation claim in a lengthy battle with his boss, after a court ruled he was on-call for work at the time of the accident.
Buddy Detlef Nazar was working as a relief area coordinator for Hydro Tasmania in the remote town of Tullah in the state’s north-west in 2018.
Mr Nazar was on-call for work on May 25, 2018, when he slipped on a wet log while out walking his dog with his partner at a nearby lake.
Mr Nazar had intended to show his partner a lodge in the area but the couple turned and walked in the opposite direction when Mr Nazar realised he’d lost mobile phone reception.
Buddy Detlef Nazar (left) was working at Hydro Tasmania when he fell on a wet log and broke his leg while walking his dog with his partner (right)
Mr Nazar’s partner (right) called emergency services after he fell and broke his leg in the remote Tasmanian town of Tullah
The mobile was back in coverage when he slipped on a wet log and fractured his left femur, so his partner was able to call emergency services.
Mr Nazar won his initial claim in the Workers Rehabilitation and Compensation Tribunal, but Hydro Tasmania won on appeal in the Supreme Court in June, which held that his injury did not occur during the course of his employment.
However, Mr Nazar then lodged an appeal to the Supreme Court and won in a judgement delivered earlier this week.
Tasmania’s Chief Justice Alan Blow said cases such as Mr Nazar’s were ‘never easy’.
The Chief Justice ruled Mr Naza had changed the route of his walk to maintain mobile phone reception for work.
‘He had started to walk towards a lodge, intending to show it to his partner, but on the way he discovered that he had lost mobile coverage,’ he said in his written decision.
‘They therefore turned and walked in the opposite direction until he was injured. He had mobile coverage at the place where he was injured.’
The Chief Justice was ‘satisfied that his injury occurred when he was performing duties imposed by his contract of employment,’ as Mr Nazar was on-call for work at the time
Mr Nazar suffered a fractured left femur (broken leg) after a fall that sparked a lengthy court battle with his employer, Hydro Tasmania
The Chief Justice’s decision was based in part on the fact Mr Nazar was ‘getting paid for doing his duty whilst on call’.
‘I am satisfied that his injury occurred when he was performing duties imposed by his contract of employment,’ he said.
Hydro Tasmania argued Mr Nazar walking his dog was not in the course of his employment.
Mr Nazar told Daily Mail Australia he is ‘as well as can be given the circumstances’ and hopes his case may set a precedent for others facing similar legal situations.
‘It’s a battle I am hoping clears up the grey areas in the legislation so others don’t have to go through the same struggles in the future,’ he said.
The amount of compensation Mr Nazar will recieve is yet to be determined in the worker’s compensation tribunal and Hydro Tasmania will still have the option of a High Court appeal.
