The NSW Court of Appeal in Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 explores this issue and an employer’s workers compensation risks for an employee working from home.
Facts
A couple in a de facto relationship were employed by a family company. They were co-worker and supervisor who operated out of their family home in New South Wales.
Ms. Carroll was attacked by Mr. Hill on 16 June 2010. Mr. Hill had paranoid delusions believing that Ms. Carroll was conspiring to take his clients and ruin him professionally.
Mr. Hill was later found not guilty of her murder on the grounds of mental illness.
Then Ms. Carroll’s dependent children made claims for death benefits under the Workers Compensation Act 1987 because the death resulted from injuries sustained of, or during, the course of her employment. Liability was denied by the Insurer and the Court of Appeal upheld that position
