In WORKCOVER QUEENSLAND v AMACA PTY LTD & ANOR [2010] HCA 34 the Australian High Court has clarified that Queensland legislation limiting the rights of a deceased estate to recover damages for pain and suffering and the like does not limit the liability of the wrongdoer. A worker died from a dust related condition, having previously received an insurance based compensation payment. The insurer sought to recover their loss from the employer. The Court of Appeal of the Supreme Court of Queensland (her Honour McMurdo P dissenting) held that section 66 of the Succession Act operated to reduce the insuer’s claim to that which would be available to the deceased estate. Allowing the appeal, the High Court held the statutory limit only applied to an action brought for the benefit of the estate on behalf of the deceased and did not restrict the insurer’s right of indemnity to recover against a wrongdoer.

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