Event and Time
Event Description
Thanuda Fernando suffered physical injuries while working as an administrative officer for Monash Health on 1 February 2019 after leaning on a partition that gave way, causing her to fall. She seeks leave to commence a proceeding to recover damages for pain and suffering, claiming that she has suffered a “serious injury” under section 325 of the Workplace Injury Rehabilitation and Compensation Act 2013.
Application and Claims
- Claimant: Thanuda Fernando
- Respondent: Monash Health
- Legal Basis: Section 325 of the Workplace Injury Rehabilitation and Compensation Act 2013 - definition of "serious injury."
- Claim: Recovery of damages for pain and suffering resulting from injuries confined to her spine and left leg.
Judicial Decisions
The court acknowledged that the only issue between the parties was whether Ms. Fernando experienced a “serious injury.” It was concluded that she did suffer from organic injuries related to her employment, warranting leave to make a claim for damages.
Dispute Points and Legal Basis
Dispute Points
- Claimant's Arguments:
- Ms. Fernando argued she experiences substantial and chronic pain, affecting daily activities, employment prospects, and aspects of her personal life (e.g., divorce, weight gain). - Summarized evidence includes: - The pain varies from 3 to 9 on a scale, with bad days predominating. - Restrictions in daily activities, such as cooking and walking, due to pain. - Emotional impacts, including loneliness, social withdrawal, and a suspected connection between her injury and divorce.
- Respondent's Arguments:
- Monash Health likely disputed the classification of her injury as "serious," asserting that her ability to return to work, travel, and engage in certain activities undermined her claim. - Surveillance evidence showing Ms. Fernando walking raised doubts regarding the extent of her claimed limitations.