Serious and wilful misconduct – what where they thinking!

3 December 2015


Section 82(4) of the Accident Compensation Act 1985 (the ACA) (applying
to injuries sustained prior to 1 July 2014) and section 40(5) of the Workplace
Injury Rehabilitation and Compensation Act (the WIRCA) (applying to injuries
sustained on 1 July 2014 onwards) are largely identical and state:
“….if it is proved that an injury to a worker is attributable to the worker’s
serious and wilful misconduct (including, but not limited to, being under the
influence of intoxicating liquor or a drug or both), there is no entitlement to
compensation in respect of that injury”.
The burden of proving serious and wilful misconduct rests with the employer.

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