State liable for workers compo after employee falls ill from mandatory Covid vax

A state government employee who fell so ill after a mandatory Covid booster he was rushed to hospital has won an appeal for workers compensation and medical bills.

A landmark legal ruling means the state government must pay weekly compensation payments and medical bills for a worker who fell gravely ill after a Covid booster shot which was mandatory to keep his job.

It comes as SA Health continues to enforce its mandatory Covid vaccination policy for some workers despite similar policies being dumped in some interstate jurisdictions.

Daniel Shepherd, 44, a married father of a five-year-old, represented by Paul Alvaro Lawyers, won an appeal in the SA Employment Tribunal after the Department for Child Protection rejected his workers compensation bid.

Mr Shepherd was a youth worker at Baptist Care SA when he received two Covid-19 vaccinations in 2021 and suffered adverse symptoms.

From October 19, 2021, he started work with the Department for Child Protection as a child and youth worker.

On January 28, 2022, directions made under the Emergency Management Act required certain workers such as Mr Shepherd to also have a booster shot to keep his job.

A health worker prepares a dose of the Pfizer vaccine against Covid-19. Picture: Pedro Pardo / AFP

On February 24, 2022, Mr Shepherd had a Pfizer mRNA booster shot.

The next day he suffered chest pains which grew increasingly worse until on March 11, fearing he was suffering a heart attack, he was rushed by ambulance to Ashford Hospital and diagnosed with post-vaccine pericarditis, an inflammation of the membrane surrounding the heart.

Since developing pericarditis Mr Shepherd had only worked for a few months in a part-time administrative capacity.

The employer said the pericarditis was caused by the third booster vaccination.

However it denied liability for workers compensation, arguing it was the lawful government vaccination directive that caused the injury and liability was excluded under the Emergency Management Act.

SAET deputy president Judge Mark Calligeros rejected those arguments, noting workers compensation liabilities are well known and understood in South Australia.

“It is not surprising that some people who receive a dose of Covid-19 vaccine will sustain injury as a result,” he wrote in his Judgement.

“The cardiological opinions in this case support that assumption.

“It would be astonishing if parliament intended that an employee of the State, injured adhering to an EM Act direction, was to be precluded from receiving workers compensation.

“I am not satisfied that parliament intended to deny compensation to employees of the State injured by heeding a vaccination mandate designed to protect the health and welfare of citizens.

“The State required Mr Shepherd to be vaccinated to continue working in a healthcare setting because it sought to protect and reduce the risk of infection to the public and general and those members of the public receiving healthcare services in particular.

“It would be ironic and unjust if Mr Shepherd was denied financial and medical support by complying with the State’s desire to preserve public health.”

Judge Calligeros ordered the rejection of Mr Shepherd’s claim be set aside and instead he receive weekly income support payments and payment of medical expenses.