Australia

Bloke who slipped and broke his leg while walking his dog WINS compo battle with boss

Guy who was on call for work when he slipped and broke his leg while walking his dog WINS fight after fight with his boss

  • A man has won a lengthy compensation case against his boss
  • Mr. Nazar was walking his dog with his partner when he fell and broke his leg
  • He won an initial damages claim, but Hydro Tasmania subsequently won on appeal
  • Mr Nazar succeeded in another appeal to the Supreme Court earlier this week
  • He hopes his case will set a precedent for other similar legal battles in the future

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A man who fell and broke his leg while walking his dog has won an employee’s compensation in a protracted battle with his boss after a court ruled he was on call at the time of the accident.

Buddy Detlef Nazar, 37, worked in 2018 as a catchment area coordinator for Hydro Tasmania in the remote town of Tullah in the state’s northwest.

Mr Nazar was on call for work on May 25, 2018, when he slipped on a wet tree trunk while walking his dog with his partner at a nearby lake.

Mr. Nazar planned to show his partner a nearby lodge, but the pair turned and headed in the opposite direction when Mr. Nazar realized he had lost cell 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)

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

Mr Nazar'S Partner (Right) Called Emergency Services After He Fell And Broke His Leg In The Remote Tasmanian Town Of Tullah

Mr Nazar’s partner (right) called emergency services after he fell and broke his leg in the remote Tasmanian town of Tullah

The cellphone was back in cover when he slipped on a wet log and broke his left femur, allowing his partner to call emergency services.

Mr Nazar won his initial claim at the Workers Rehabilitation and Compensation Tribunal, but Hydro Tasmania won an appeal to the Supreme Court in June, which ruled that his injury was not on the job.

However, Mr Nazar then appealed to the Supreme Court and won a verdict earlier this week.

Tasmania’s Chief Justice Alan Blow said cases like Mr Nazar’s were ‘never easy’.

The Chief Justice ruled that Mr Naza had changed the route of his walk in order to maintain mobile phone reception for his work.

“He had started to walk to 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.

So they 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 Mandated By His Contract Of Employment' As Mr Nazar Was On Call For Work At The Time

The Chief Justice Was 'Satisfied That His Injury Occurred When He Was Performing Duties Mandated By His Contract Of Employment' As Mr Nazar Was On Call For Work At The Time

The Chief Justice was ‘satisfied that his injury occurred when he was performing duties mandated 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) Following A Fall Which Led To A Lengthy Court Battle With His Employer, Hydro Tasmania

Mr Nazar Suffered A Fractured Left Femur (Broken Leg) Following A Fall Which Led To A Lengthy Court Battle With His Employer, Hydro Tasmania

Mr Nazar suffered a fractured left femur (broken leg) following a fall which led to a lengthy court battle with his employer, Hydro Tasmania

The Chief Justice’s decision was based in part on Mr Nazar being “paid for performing his duty while available.”

“I am convinced that his injury occurred while he was performing duties mandated by his employment contract,” he said.

Hydro Tasmania argued that Mr Nazar’s dog walking was not in the course of his job.

Mr Nazar told Daily Mail Australia he is ‘as good as it gets given the circumstances’ and hopes his case can set a precedent for others facing similar legal situations.

“I hope it’s a battle that clears up the gray areas in the legislation so others don’t have to go through the same battle in the future,” he said.

The amount of compensation Mr Nazar will receive is yet to be determined by the Labor Court and Hydro Tasmania still has the option of appealing to the High Court.

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Jacky

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