We had identified this matter as one that could resolve early and approached Woolworths at an early stage in the proceedings to negotiate an early settlement to keep costs at a minimum. We, Yahoo, are part of the Yahoo family of brands. x{c 15Y Proving negligence may be a bit tricky and Woolworths supermarkets are usually at fault. |W1NFe3)")bf\7XlV1+( $IIIY9/6)e%rPl-Q9)7~)~5.@ Bodily injury or property damage caused intentionally by you or a family member. General liability. endstream endobj 76 0 obj <>stream 245476 (Woolworths) acts as Hollard's Authorised Representative. x!'j>300899y A woman working at a NSW Woolworths store has died in a "tragic incident", prompting the store to close its doors for the time being. For over 38 years, PK Simpson have been helping the people of Australia get the compensation they are entitled to. At PK Simpson Compensation, we have a team of expert accident compensation / workers compensation & occupiers liability lawyers ready to guide you through the process, whether your injury is psychological or physical, so call us today on You can opt-out at any time. It continues to pay the superannuation whilst the worker receives weekly payments up to the standard retirement age. These steps make it easier to submit a Car Insurance claim after an accident or loss, plus understand what to expect from our Car Insurance claim process. At PK Simpson, we can help you lodge retail store injury claims for compensation from Woolworths. We believed that the Defendants duty of care extended to ensuring that the aisles of the supermarket was free of trip and fall hazards.The risk of harm to our client occasioned by unsafe aisle was foreseeable and the risk of harm was not insignificant. [This decision] will really set a line between the old school and a different generation of people who were a bit cautious.. In South Australia, Employers Mutual SA Pty Limited ABN 48 145 330 543 is an appointed claims agent for the ReturntoWorkSA. hXnF}L_m|P, KD(C 5Z(pgvfCSp( 17 March 2015. If you need a lawyer nearby or you're searching online for 'lawyers near me or in my area', call PK Simpson on 1300 757 467 so we can check out your claim and begin the process. Read our latest articles, case studies or commonly asked questions concerning your legal claims and compensation law. Perkins and his co-workers instead used steel bars to adjust the pallets, which he told the court he began doing after he had seen that the other guy was using it and doing it that way, in the course of their work. We argued that at all material times the Defendant owed our client a duty of care as the occupier of the premises to ensure that our client was kept reasonably safe when she was on the premises. It can cover only . The quickest way to get a settlement is to use a specialist . Our Personal Injury Lawyers have taken on tens of thousands of cases and we are proud to have won billions of dollars for our clients. Woolworths Group Limited 2020. endstream endobj 69 0 obj <>stream You are required to complete all details in SECTION A . There are around 200,000 employees working at the Woolworths Distribution Centre at over 3,000 stores across Australia. If we approve your claim, we may repair or replace your property, or pay reasonable costs owing to you or others involved. Comprehensive Coverage. Otherwise, we will consider a repairer you choose and if approved, well make the arrangements to get your car repaired. It is illegal to make a casual worker redundant as a result of a WorkCover injury claim. Reference: Woolworths to pay $650,000 in workplace injury case: Lessons for other businesses, Smart Company, 30 January 2017. This option only applies to Comprehensive Insurance holders. VIC Claim Form. 55C;/And{gCTWMf7||,a` 15OG=k| ,]) JQl endstream endobj 18 0 obj <>stream Gwen, a 92-year-old lady, tripped and fell from a hole in the tiles of a shopping mall. x{c 15Y Collect information at the scene, including: If your car cannot be driven away, we'll assist with towing your car tothe nearestsafeor secureplace orour appointedrepairer. Please wait while you are redirected to the right page Superannuation & Personal Disability Claims, Superannuation and Personal Disability Claims, Dust Disease, Mesothelioma & Asbestos Claims. However, the Queensland Court of Appeal court found evidence submitted in the initial case, which said the employee would have sustained the injuries to his shoulder anyway due to his underlying condition, was not sufficient, and thatdoctors found there had been an acceleration of the employees injury since commencing work. 1300 223 096. you may be able to claim compensation or benefits for: Newcrest Mining Limited Cadia Valley Operations, PYBAR Mining Services and Underground Mining Contractors, WorkPac Recruitment Hunter Valley Compensation, Compensation for total and permanent disability or impairment, If the worker has died as a result, benefits are paid to the family. endstream endobj 370 0 obj <>stream If you're a Woolworths employee who's been injured in the workplace you can make a workers compensation claim. Woolworths was also ordered to pay the workers legal costs for the appeal. If you need a lawyer nearby or youre searching online for lawyers near me or in my area, call PK Simpson on1300 757 467so we can check out your claim and begin the process. . To get started, call the Woolworths Claim Team at 1300 10 1234. endstream endobj 32 0 obj <>stream x{c 15Y x0@VR/k+ jfQ%q 2s 8s 8s 8s 8s 8z/ Its a big job from a small employer to do on its own, but if you can engage from time to time experts who come in and audit for you, especially as your business grows, they can tell you about any [concerns], he says. h26T0P066P044QwJ,Nu+p vNL*wI-NNKI+4%d{dTz&T LTc>;;dC|\a6:`tk0 PP Its also key that businesses give their staff ample opportunity to raise workplace injury issues or incidents, with some claims being made only when staff resign or leave the business, Tumpey says. Saying a store is liable for your injuries is one thing. Check your insurance cover and optional benefits. Every claim is different, just like you. Please consider the Product Disclosure Statement and Target Market Determination available on this website, to decide if the product is right for you. endstream endobj 78 0 obj <>stream endstream endobj 16 0 obj <>stream Benefits of Woolworths Pet Insurance . Any general advice provided does not consider your objectives, financial situation or needs . If you're in Australia, call the emergency services on 000. Pursuant to the lease of the Big W store, Big W had an exclusive right to conduct "sidewalk sales" in an area at the front of the shop.. On 24 September 2004 at around 12.30 pm the plaintiff was walking . A list of current self-insured organisations. Sexual misconduct liability. Again, most businesses have a review annually or six-monthly[injuries and incidents] should be a question you start to introduce, she says. While SMEs might not be operating anywhere near the production scale of a company like Woolworths, the message for businesses around health and safety when moving products is also clear from this case, says McDonald. Occupiers negligence claims include slips and falls or other accidents in workplaces or work sites including Woolworths Distribution Centre in NSW. In order to be eligible, you must have purchased your car new, and we need to have determined it to be a total loss within the first 24 months after you registered it. The woman took to the official . In addition to paying the damages for the injured party, the policy usually covers defense costs for litigation. Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes. Our dedicated workers compensation lawyers make sure that all your interests and rights are protected. Gerard Malouf & Partners have provided compassionate, experienced legal advice to communities across Australia for over 35 years. endstream endobj 81 0 obj <>stream x{c 15Y In Australia, most workers are only eligible for journey claims if the injury is deemed to arise out of employment, during a work trip, or on an approved break. As an employee, you are covered if you are employed as: The injuries and illnesses covered by the NSW workers compensation scheme include those sustained on the job, during work activities or as a result of work. endstream endobj 28 0 obj <>stream It will also ensure you're ready if you ever need to make an insurance claim later. If youve been injured in an accident in a Woolworths supermarket, call our team of personal injury compensation specialists atPK Simpsontoday. 2-min read. In the case of Polwarth v Woolworths Ltd [2017] QDC 133 (19 May 2017), Woolworths has avoided paying more than $140,000 in damages after surveillance footage of a customer who slipped on a grape in February 2014 revealed his claims about an injury caused by the accident were "inconsistent". Hi Bronwyn, I assume that you have suffered a personal injury as a result of the fall and the fall did not occur in the course of your employment (if it occurred during your employment, it would be dealt with under the Workers Compensation Scheme). Please wait while you are redirected to the right page Superannuation & Personal Disability Claims, Whilst shopping in a Woolworths Store our client, Superannuation and Personal Disability Claims, Dust Disease, Mesothelioma & Asbestos Claims. To win a slip and fall claim, you need to establish the property owner's liability for an unsafe condition. x{c 15Y endstream endobj 82 0 obj <>stream Believable evidence is the key to succeeding in a personal injury claim against a retailer. endstream endobj 67 0 obj <>stream The decision addresses the evidentiary difficulties in slip and fall cases, and has potentially far-reaching consequences for insurance, public liability and . x{c 15Y x!'j>300899y 2. endstream endobj 77 0 obj <>stream It can be difficult to know just what impact an accident at work can have on your health and your life. Gather all required documentation and dial 1300 10 1234. The case, heard in the District Court of Queensland, involves former Woolworths back dock assistant Michael John Perkins, who brought legal action against the supermarket giant for an injury sustained while using a walkie stacker in 2011, reports Fairfax. k]!,A;RY? Be aware though that even if you didnt report the accident soon after it happened, call us. But Woolworths supermarkets and others are responsible for keeping you safe in their premises and carparks. Sections of this form are to be completed by you and your employer. Regardless of fault, you should be able to open a claim to get much of your medical expenses and time needed . 9. Accidents on other people's property happen, and injuries are often the result, but when someone else's carelessness (or negligence) is a factor, you may wonder about your legal rights. Phone: If you aren't keen on lodging a claim . x!'j>300899y You may not need to pay for your medical expenses or financial losses if youve sustained an injury in an accident in a Woolworths supermarket that has meant you cannot work. x{c 15Y x{z'0TZQ:` Nu*-C You'll also receive messages on behalf of our partners. o\&[]6Vk.sML3^SD Heres a handy rundown of basic information you need to have ready if you would like to lodge a claim: Tell us as soon as possible, after collecting details and documenting the event. Just fill out the fields below and we'll send your friend a link to this article along with a message from you. Proving it is another. x{c 15Y endstream endobj 37 0 obj <>stream Keep up to date with news and offers fromEveryday Insurance. Weve helped workers in factories, on construction sites, warehouses, and industrial sites; police, firefighters, paramedics and anywhere people work hard to earn a living. View all current class actions. That way, our Claims Management Team can help get you back to your normal life quicker. 324908 (Swiss Re) and distributed by Greenstone Financial Services Pty Ltd, ABN 53 128 692 884; AFSL No. Vehicle cannot be identified: 3 months. The scheme ensures workers who suffer a work-related injury or illness are compensated for lost earnings, medical expenses, and other associated costs, and assists injured workers to . McDonald Murholme principal Andrew Jewell highlights that businesses should implement proper risk processes for temporary machinery. Roadside assistance is provided by Digicall Assist Pty Ltd ABN 92 152 605 340. endstream endobj 53 0 obj <>stream Car, Home, Landlords and Pet Insurance are issued by The Hollard Insurance Company Pty Ltd ABN 78 090 584 473 AFSL No. SmartCompany acknowledges the Traditional Owners of the many nations across Australia, and pay our respect to Elders past and present. endstream endobj 19 0 obj <>stream Up to 3.8 million small and medium-sized businesses will benefit from the tax incentive to make their energy usage more sustainable and efficient. Injury 'So painful': Woolies deli item 'explodes' and leaves grandmother with third-degree burns A popular deli item has left a grandmother in "incredible pain" from third-degree burns . endstream endobj 74 0 obj <>stream 241436 (Hollard). He claimed Woolworths breached a duty of care to protect him from injury through its use of performance targets, which drove him to work faster for fear of being sent home from shifts. EML is a trading name of Employers Mutual Limited. If your car is driveable, we will advise you to book a convenient time to get a quote to fix your car. Then we close your claim and you can return to normality! x!'j>300899y Be safe Focus on the safety of you, your family and others first. x{c 15Y x0@VR/k+ jfQ%q 2s 8s 8s 8s 8s 8z/ B_m+j~OF&:Kr~`V9Xm i%+?80P3.6K`:amx4L`hW)MKU!=dBFaa5^}0'P$HA=\yT1:7`mw0p ;? hDjP{"*FA;!]Ze- Woolworths Limited (Woolworths) operated a supermarket and a Big W store on level one of the shopping centre. Its just not good enough to set and forget, he says. Woolworths - Customer injury in sinnoville shop. Equipment and appliance breakdowns, shared property, and tenant belongings are items not generally covered by . endstream endobj 52 0 obj <>stream Heres a quick checklist of information we will ask you for to get your claim underway: Dont worry if you cant provide everything when you first tell us what happened, after your bingle. endstream endobj 57 0 obj <>stream PK Simpson have the skills and experience to make sure you are successful. In 2014, a Sunshine Coast woman made a claim against Woolworths for $320,000, alleging that she slipped over on a grape. x{c 15Y We will let you know if we can approve your claim or not, and why. Queensland grandmother Angela has alleged that she was left with the "incredibly painful" injury after cooking one of the supermarket's Bag N Bake fish products on February 14. 1. endstream endobj 24 0 obj <>stream Over the last ten years, the average homeowners insurance hail damage claim is around $9,000 [1] , according to CoreLogic. x!'j>300899y . x{c 15Y The Woolworths Distribution Centre has partnered with local farmers to distribute fresh produce to Australian supermarkets. We recently represented a Sydney woman after she had sustained an injury from a slip and fall on a strawberry in the fresh produce section of a Woolworths Supermarket. Even if they're accusing you of inflating the claim they can on,y reasonably refuse that damage they claim is pre existing. Client received $60,000.00 in compensation despite significant pre-existing disabilities. Most slip and fall claims in Australia settle out of court and take around six to 12 months to resolve after your injuries have stabilised. If you believe you could be eligible for a workers compensation claim for an injury at Woolworths Distribution Centre in NSW or any other workplace in NSW, we urge you to immediately call a firm of lawyers with proven expertise in this area. x{c 15Y x!'j>300899y SmartCompany contacted Woolworths for a comment on the case result but did not receive a response prior to publication. x0@VR/k+ jfQ%q 2s 8s 8s 8s 8s 8z/ The replacement walkie stacker did not have a side shift function, which is used to adjust pallets that are off-centre. Well tell you the amount you will need to pay if it applies, plus how you can pay it directly to the repairer. Find out more about how we use your personal data in our privacy policy and cookie policy. 343079 (Greenstone). For instance, a policy written as 25/50/25 refers to limits of $25,000 for bodily injury claims per person, $50,000 for bodily injury claims per accident, and $25,000 for property damage claims. We will then appoint an authorised repairer near your home or work. Offer available to new Everyday Pet Insurance policyholders, and is limited to 1 membership per eligible policy. Judge Morzone concluded that Woolworths was liable for damages given it was more likely than not that the use of the steel bars with the hired equipment caused Perkins injuries. No matter whether you want to make a claim due to and injury resulting from incorrect training or you wish to launch a back-injury workers' compensation claim, Firths can assist. We'll then work with you to either: We will fix your vehicle to its equivalent condition, just before the incident. x{z'0TZQ:` Nu*-C 5. Charlotte Louise Bobbett, 43, is claiming $1.3 million after she allegedly slipped on a grape at Woolworths Pacific Pines in the northern suburbs of the Gold Coast at 3pm on December 22, 2015. endstream endobj 4 0 obj <>stream Casual employees are entitled to either statutory benefits or common law damages following a WorkCover injury claim. endstream endobj 21 0 obj <>stream endstream endobj 29 0 obj <>stream endstream endobj 41 0 obj <>stream x!'j>300899y Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. All rights reserved. Our no win no fee policy means you have nothing to pay upfront, and we also pay for all expert medical reports. x{c 15Y endstream endobj 34 0 obj <>stream Woolworths - Rude customer service and incorrect packing of shopping. All rights reserved. Whether your accident was caused by an obstacle in an aisle or a spill on the floor, dont hesitate to call us so we can start your compensation claim. Gillian Jepson, formerly known as Gillian Archer, 78, from Hazelgrove . endstream endobj 43 0 obj <>stream 245476 (Woolworths) acts as Hollard and Greenstone's Authorised Representative. endstream endobj 40 0 obj <>stream Other common worksites that are at higher risk of injury include railway stations, on building sites, factories, or anywhere owned or leased by another person or company. 71I`5l= bglu)7~9E.c3Z=x}8UJYNhfOYC If you have any concerns, we can also do a final inspection on your vehicle. Report it as soon as you can to our Claims Team, in one of these easy ways: To lodge a new claim Call our 24/7 Claims Team on1300 10 1234 To check on your existing claim Call our Claims Team on1300 10 1234 Monday to Friday, 8am-5pm(AEST/AEDT). The decision by the court of appeal in this case shows the courts are being more sympathetic to the physical ailments of workers, McDonald says. NTWwm]|q;V#En)>(S}Y|VFwy};xxlg]u2N,&ing.4'lIpI|&0jrU~_'g=1]E{3YvWG5haVkS{tr5A $,@likIym;)i}-380 iA5E#KuN We were able to negotiate a settlement for our client in the sum of $60,000 compensation without the need of a Court Hearing. The worker, who started working for Woolworths in 2010, brought legal action against the supermarket for the first time in 2013, seeking damages for personal injuries. 6 . This case provides some insight and interesting new challenges to those pursuing compensation claim against an occupier. 241436 (Hollard). If any additional extras are not yet included in your Car, Home, Landlords, Pet, Life or Funeral Insurance policy, contact us to see if we can add these benefits today. For self-employed persons, further information is required to calculate PIAWE. Alternatively, download the Workers Injury Claim form below for your state: SA- call 1800 MUTUAL (1800 688 825) to speak with a customer service representative. We are called upon to act for many people Australia-wide who have shopping centre claims for injury due to slip and fall accidents in Woolworths supermarkets. endstream endobj 44 0 obj <>stream When do I share photos or the police report of an accident, to support my claim. endstream endobj 23 0 obj <>stream The stronger the evidence, the stronger your injury claim. 3. x!'j>300899y endstream endobj 5 0 obj <>stream x!'j>300899y Similarities between employer's liability and occupier's liability in NSW personal injury matters. She contacted our office seeking advice on her legal rights to compensation. If this happens to you, dont hesitate to contact us to find out if you are eligible to make a personal injury compensation claim. While the initial decision in 2016 did not find in favour of the employee, the judge did observe Woolworths safety training process was detailed, but only in theory, rather than practice. Car, Home, Landlords and Pet Insurance are issued by The Hollard Insurance Company Pty Ltd ABN 78 090 584 473 AFSL No. Find out more about how we'll help with your Car Insurance claim below. Insurance, Claims Agent for Woolworths Group Workers Compensation Self insurance Scheme on (07) 3014 1353 or (07) 3014 1365. To make a claim, phone 1800 469 931 and quote your employer name as Woolworths. On 29 January 2021, the parties to the Woolworths Class Action announced that they had reached an agreement to settle the class action. x{c 15Y Our compensation lawyers have a lot of experience and expertise in dealing with Woolworths and its insurance company. !p!A0$uj`gH& a3 zJ^m[.Ch:[jxsn|a:{pM4_UQoEYkD.05J2#4ZPXjdDa)YzSik.sKSLZIS10s_}n;w:Me`U{R14,ZS\L y,J$F,2b08!0S22Iu&2f81:Q4I\4.~)O$eJ]21cwMiV?hO]pVt(g(e>6C Woolworths provisionally settles a class action lawsuit filed against it in 2019 for underpaying retail workers, while also announcing around $50 million in additional payments to previously . Get it documented Take photos where the event occurred, including any items affected or injuries relevant to a future claim. x{c 15Y These can vary from one month after car accidents (QLD and ACT) right up to 12 years (NSW). The system of work left our client vulnerable to injury and unfortunately he has paid the price, Gibson said in a statement to SmartCompany. Lastly, if you need a hire car to get around while yours is out of action and youre covered for it, just let us know. We recognise that their sovereignty has never been ceded. NSW Junior Doctors class action Register now. x{c 15Y Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam. The judge also observed the essentially time-based assessment system, being one of highly repetitive manual transfers, was likely to encourage the taking of shortcuts, in part because of its target of 100 percent transfers. x{c 15Y endstream endobj 66 0 obj <>stream x{c 15Y You can always get your claim underway and send anything remaining later. Its a big job from a small employer to do on its own, but if you can engage from time to time experts who come in and audit for you, especially as your business grows, they can tell you about any [concerns], he says. If you've been injured while working for Woolworths contact our team of workers compensation experts on 1800 631 888 for a free claim assessment. For over 35 years weve helped injured and ill people of Australia hTJ3A}f23^|^z!|:B+7k7.IsdsN =p GG(4\6qoAIca6V AtYwtNO(=gp>& ]!j".h5 i /Y$l%)fM3?9kmfC=m/m>*Z8=P8G#x2x& [ (@;! All casual workers injured at work are entitled to WorkCover in Queensland and any casual worker can apply for WorkCover. 4. Up to $20k tax break for SMEs that install solar, electrify heating, and more in pre-budget promise, Dark horse win for Aussie fashion label Katie Perry against Katy Perry, IPM is disrupting organic food in Australia, and its up to 30% cheaper, Modibodi v Boody: Four PR lessons to keep in mind when clapping back on social media, A passion for surfing and leftover astroturf: The story of Muk Mat founder Suzanne Horton, BWX was a beauty empire built on acquisitions and thats exactly why it collapsed, The 16 principles that define leadership at Judo Bank, How to put your marketing efforts into the channels that count, The secret to growing your business is using the correct tense. If you're an employee who has been injured at Woolworths Distribution Centre in NSW, or any other workplace in NSW, your employer is obliged to report the accident or incident and make a workers compensation claim on your behalf. If you're unable to settle and you need to take court action to get compensation it can take considerably longer - often around 12-18 months. Its just not good enough to set and forget, he says. We are dedicated to helping you get your life back after a workplace injury or illness. x0@VR/k+ jfQ%q 2s 8s 8s 8s 8s 8z/ endstream endobj 369 0 obj <>stream Copyright © 2023 Private Media Pty Ltd. Publishers of smartcompany.com.au. ABN 88 000 014 675, Online claims for Car, Home, Landlords and Pet Insurance, Emergency Car, Home and Landlords claim assistance, Personal details of any other relevant people involved, or witnesses, Incident details including when, where and what took place, Photos of the scene and damage to any property or items, Police event number or report, if applicable. Definition of Injury Woolworths proposes that injuries covered under the workers' compensation scheme should be Once your claim is finalised, well take care of any settlements to other people involved. If you have suffered a work-related injury or illness at Woolworths Distribution Centre in NSW, or you have a dispute over a decision by a workers compensation insurance company, or if there has been a commutation of your benefits, call us at PK Simpson so one of our expert workers compensation consultants can explain your rights and what you may be eligible to receive. #2. The . These claims should be covered by your car insurance. h_0 wssj"dYQFd} I`aUFI6lU $HK|HUdMD endstream endobj 54 0 obj <>stream endstream endobj 79 0 obj <>stream endstream endobj 25 0 obj <>stream x{c 15Y x!'j>300899y Move away from danger, or go to a secure location if you can and need to. Relief may come with weekly payments of compensation, a lump sum payout and medical expenses covered through the NSW workers compensation scheme. endstream endobj 72 0 obj <>stream There are different kinds of claims you may be eligible to make, depending on the circumstances of your accident or illness. Car, Home, Landlords and Pet Insurance are issued by The Hollard Insurance Company Pty Ltd ABN 78 090 584 473 AFSL No. While it can be difficult for businesses in situations when equipment breaks down because they often cannot afford to put pause production, Tumpey says its important that managers do take time to review the risks of any new equipment, and ensure it is safe before proceeding. endstream endobj 80 0 obj <>stream The new centre in New South Wales will employ around 1,000 new workers at the company. endstream endobj 17 0 obj <>stream At about 7.30am on Friday, emergency services responded to the . g]xD= gW~vO>(pK{W zXe/5 The employee was represented by Shine Lawyers and general manager of the law firm, Peter Gibson, said the appeals decision has big implications for the duty of care that Australian employers owe to workers when they complete high intensity work. VII. az U}4T.Y1Arme]=Qb0M We have provided a guide to help you be prepared, if the worst occurs. The team of expert and experienced workers compensation lawyers at PK Simpson has worked tirelessly to make sure their clients get the benefits. Life Insurance is issued by Swiss Re Life & Health Australia Limited ABN 74 000 218 306 AFSL No. Benefits are subject to the terms and conditions including the limits and exclusions of the insurance policy. However, Perkins claimed he did make a report because he thought management would use it as an excuse to get rid of me. As a result, the courtruled on Tuesday that Woolworths should be found liable for the workers injury claims. Our Personal Injury Lawyers have taken on tens of thousands of cases and we are proud to have won billions of dollars for our clients. See a doctor immediately or attend a hospital emergency department. If you would like to customise your choices, click 'Manage privacy settings'. x0@VR/k+ jfQ%q 2s 8s 8s 8s 8s 8z/ x!'j>300899y Shortly after commencing proceedings, we invited the Defendant to attend an informal settlement conference. Thats it. The employee had a pre-existing shoulder condition known as rotator cuff tendinopathy, and his legal team claimed the strain of the job aggravated that condition.