Event and Time
Event Description
Carmelo Baullo commenced employment as a knife hand at JBS Australia Pty Ltd in March 2019. Shortly thereafter, he developed bilateral carpal tunnel syndrome (CTS), leading to a series of medical consultations and treatment. His work was terminated on 17 July 2019, after which he filed a WorkCover claim.
Application and Claims
Mr. Baullo sought a legal determination of a serious injury due to the bilateral CTS, claiming he sustained an organically based injury to both hands, further asserting that this injury resulted in a loss of earning capacity of 40% or more. These claims align with the requirements set forth in the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
Judicial Decisions
The court ruled in favor of Mr. Baullo, concluding: 1. He currently suffers from an organically based injury to both hands. 2. This injury has led to a significant loss of earning capacity, meeting the statutory threshold for serious injury.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position:
- Mr. Baullo argued that he suffered ongoing pain, numbness, and functional limitations in both hands due to CTS. - He presented testimony about his difficulties returning to work as an electrician, asserting that he intended to complete his apprenticeship and achieve earnings exceeding $140,000 annually but for his injury. - Evidence was submitted showing his current income ($60,011.12) compared to his potential earnings.
- Defendant's Position:
- The defense contended that there was no current extant organic injury, supported by normal EMG studies conducted in October 2022. - They argued against the reliability of Mr. Baullo's testimony and suggested that he had not made sufficient attempts to return to electrical work promptly. - Surveillance evidence presented showed Mr. Baullo performing tasks that appeared inconsistent with his claims of severe limitations.