Man who broke his thigh bone while walking his dog is fighting Hydro in court over workers’ comp

A Hydro worker who broke his thigh bone while walking his dog when he was on call has found himself in the middle of a workers’ compensation court battle.

• Legal Profession Board lays new complaint against Barbara Etter
• DPP Daryl Coates lodges complaint against Barbara Etter

A HYDRO worker who broke his thigh bone while walking his dog in Tullah, at a time when he was on call, has become embroiled in a legal battle with his employer.

Buddy Nazar was walking by the Tullah lakeside with his girlfriend and dog during May 2018, when he noticed his phone was out of reception range, so he turned around in order to be contactable.

But on the way, he slipped on a log and fractured his femur.

In February this year, the Workers Rehabilitation and Compensation Tribunal found in favour of Mr Nazar – but the Hydro Electric Corporation has now challenged that decision in a Supreme Court of Tasmania appeal.

In her decision, tribunal Chief Commissioner Alison Clues said the relief area co-ordinator’s injuries had arisen in the course of his employment while on a seven-day shift with the Hydro.

She said he was required to be contactable and ready to proceed to and commence work within 15 minutes of being contacted.

Mr Nazar was also paid a small allowance of $68.15 for being on call, regardless of whether he was called out or not.

Chief Commissioner Clues noted due to the isolated location and limited local workforce on Tasmania’s West Coast, Mr Nazar was required to reside at Tullah at Hydro accommodation during the seven days.

The West Coast town of Tullah.

She said she did not accept the Hydro’s claims Mr Nazar’s activity – of walking his dog with his girlfriend by the lakeside – had not been “induced or encouraged” by his employer.

“At no time did the employer issue a directive requiring the worker, who was on call, to remain inside his accommodation at Tullah,” Chief Commissioner Clues said.

“The worker was authorised by his employer to spend his interval between periods of on call work in any manner that was not inconsistent with him remaining at the ready to attend work.”

On Friday, Hydro barrister Philip Jackson argued Mr Nazar’s dog walk around the lake was not “in any way incidental to his duties” and his employer had not encouraged or induced him to spend his intervals “in a particular way”.

But Ken Read SC, acting for Mr Nazar, argued compensation was payable for injuries that arise even when an employer is “standing by waiting for the next job”.

He reinforced that Mr Nazar was not standing by, but was actively being paid, and that part of his contractual obligations was being contactable and responsive within 15 minutes.

Justice Gregory Geason will deliver his decision at a date to be determined.

Ex-corruption watchdog boss’s Supreme Court battle

FORMER corruption watchdog boss Barbara Etter will battle two complaints against her in the Supreme Court later this year – most likely before an interstate judge.

Ms Etter, the first chief executive of Tasmania’s Integrity Commission and a former barrister for convicted murderer Susan Neill-Fraser, appeared in court on Tuesday via video link ahead of an expected five-day courtroom stoush.

She is fighting a complaint made against her by Director of Public Prosecutions, Daryl Coates, to the Legal Profession Board, about comments she made regarding evidence in Neill-Fraser’s trial.

SUE NEILL FRASER APPEAL

Ms Etter is also fighting a complaint brought against her by the board, which has accused her of making vexatious complaints.

Her lawyer, Hugh Selby, has applied for the Supreme Court to deal with the complaints in open court, rather than the board.

In a third proceeding being dealt with concurrently, the Legal Profession Board has also applied for the court to deal with and determine a complaint made against Ms Etter by Robert Greer.

Mr Greer is the son of Rita Sally Greer, whose 2007 death at Pelverata became the subject of a coronial inquest in 2017.

On Tuesday, Mr Selby told Acting Justice Stephen Holt said an interstate judge was “necessary” to hear the matter.

Chris Gunson SC, acting for the Legal Profession Board, said it had a “neutral view” on the issue.

The parties agreed Acting Justice Brian Martin would be suitable to hear the case if possible.

The hearing will likely be scheduled between October and December this year.

Ms Etter quit the legal profession in 2018 after her legal practising certificate was suspended.

She left the Neill-Fraser team in June that year.

A second appeal by Neill-Fraser was heard by the Tasmanian Court of Criminal Appeal in March this year, with a decision yet to be handed down.

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