Event and Time
Event Description
- Incident Date: 8 March 2017
- Plaintiff Age at Incident: 23 years old
- Plaintiff: Injured worker on behalf of Turbo Rigging Pty Ltd
- Request for Leave: The plaintiff seeks leave under s335(2)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013 for serious injuries sustained to the upper left limb.
Application and Claims
- Parties Involved:
- Plaintiff: Represented by Mr. Valiotis of counsel - Defendant: Initially Turbo Rigging; later amended to Victorian WorkCover Authority (VWA)
- Legal Context: Application relates to "serious injury" as defined under s325(1) of the Act.
- Key Claim:
- The plaintiff asserts permanent loss of 40% or more of earning capacity. - Both parties agreed that the plaintiff satisfies the serious injury test for pain and suffering.
Judicial Decisions
- Hearing Date: 21 September 2023
- Plaintiff's Evidence:
- Affidavit material, payment summaries, medical reports.
- Defendant's Evidence:
- Medical reports, vocational assessments, and payment summaries from similar employees.
- Findings:
- The plaintiff could not return to work as a rigger or general labourer due to injuries. - He has suffered pecuniary loss meeting the statutory test.
- Decision: Plaintiff’s application succeeds.