Insurance Law

Post Traumatic Stress compensable injury under the Civil Aviation (Carriers Liability) Act

By: Glenn Biggs and Nadia Stacey

In November 2009, CareFlight sent a nurse and a doctor in its employ, Ms Karen Casey (Ms Casey) and Dr David Helm (Dr Helm), from Sydney to help transport a seriously ill patient from Samoa to Melbourne. The plane was operated by Pel-Air Aviation Pty Ltd (Pel-Air). On the flight to Melbourne, the plane was scheduled to land at Norfolk Island to refuel. It crashed during that leg and Ms Casey and Dr Helm were flung violently around in their seats, each suffering injuries as a result. They both sought to recover damages from Pel-Air.

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