Event and Time
Event Description
- Date: 20 December 2018
- Plaintiff: Mr. Aleksandar Lakic
- Incident: Mr. Lakic suffered an injury at work while lifting a box, resulting in pain in his lower back and right hamstring.
- Current Status: He has not worked since January 2019.
Application and Claims
- Application: Serious injury application under s335(1) of the Workplace Injury Rehabilitation and Compensation Act 2013.
- Claims:
- The plaintiff seeks leave to commence common law proceedings for pain and suffering, and economic loss due to an injury to his lumbar spine. - Claims of a pre-existing condition (lumbar spondylosis/spondylolisthesis) aggravated by the workplace injury. - The claim is based on a permanent loss of earning capacity of 40% or more, required as he was under 26 years at the time of the accident.
Judicial Decisions
- The court must determine if the plaintiff continues to suffer from the aggravation of his pre-existing condition as claimed.
- The defendant argues the injury has resolved and that the plaintiff has not demonstrated a substantial organic basis for his claims.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- The injury aggravated a pre-existing lumbar condition, resulting in a total incapacity for work since the incident. - Medical evidence listed ongoing debilitating symptoms and impact on daily functioning, including sleep disturbances and constant pain.
- Defendant's Arguments:
- The plaintiff experienced a soft tissue injury that has since resolved and disputes the severity of the plaintiff's condition. - Claims that the plaintiff has a significant pre-existing condition and he has not sufficiently disentangled physical and psychological symptoms. - Argues the evidence does not meet the statutory threshold for significant pain and suffering or economic loss.