A council employee who broke her arm at home after tripping over a fence used to keep a puppy away from her pet rabbit has won a workers’ compensation dispute.

Lauren Vercoe, who was looking after a colleague’s dog, put the 60cm-high metal barrier across the entry to her sunroom, which was also the home office and where the rabbit was kept.

The next day, Ms Vercoe was working in the room. At about 9am to 9.30am, she went to make a coffee in the kitchen but caught her foot as she stepped over the fence. She fell to the floor and went to the Royal Adelaide Hospital by ambulance.

The Local Government Association Workers’ Compensation Scheme rejected her claim for the September 19 2022 accident, because it was not satisfied Ms Vercoe’s employment was a significant contributing cause of the injury. The dispute went to the SA Employment Tribunal.

Ms Vercoe, who had been seconded to an asset officer role at the City of Charles Sturt, sometimes worked from home under post-covid arrangements, and said the council encouraged regularly getting up from the desk.  

The workplace flexibility, the use of her home as her authorised place of employment and the autonomy she had in deciding when to take short breaks were relevant considerations, tribunal auxiliary deputy president Jodie Carrel said.

“Taking a coffee break is a likely act of an employee during the course of their working day,” she said. “While there is some evidence that Ms Vercoe was also going to check on the puppy, I am satisfied on Ms Vercoe’s evidence that she was taking an authorised paid coffee break.”

Ms Carrel said the council had a working from home checklist but in all other respects had “effectively abrogated its responsibilities” for the provision and maintenance of a safe working environment to Ms Vercoe. 

“In the context of a statutory compensation scheme not predicated on the notion of fault, the fact Ms Vercoe created the workplace hazard the day prior, and unbeknown to the council, does not preclude a finding that it is an employment-related cause,” she said. 

X-rays showed Ms Vercoe had a break in her upper arm, but the extent of the injury to her right knee, which had pre-existing conditions, was disputed after she initially reported a fracture.

Counsel for Ms Vercoe rejected suggestions she exaggerated evidence when convenient and told the court she had returned to work on full duties within six weeks, and had done her best “to get on with things” after suffering a significant injury.

Ms Carrel accepted the knee was hurt but was not satisfied that a temporary injury had continued beyond September 29 2022.

The tribunal’s decision says Ms Vercoe’s injuries arose from employment and she sustained a right knee injury in addition to a right shoulder injury.

Limited information was provided on the level of compensation sought and Ms Carrel said she would hear from the parties before making orders. 

The decision is available here.

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