Clough Engineering v Thomas

Clough Engineering v Thomas is a case that came before the Supreme Court of Queensland. Clough Engineering, the defendant, is a company that employs Thomas, the plaintiff, who suffered a psychiatric injury while working. The dispute arose over the assessment of Thomas's psychiatric condition and the extent of the disability that resulted from it. Thomas sought workers' compensation and also wished to pursue a common law claim against Clough Engineering. Clough Engineering contested the assessment of Thomas's disability, particularly the percentage of permanent loss of mental capacity, and the procedure for making such an assessment.

The court had to determine the meaning of "permanent" loss of mental capacity and the appropriate procedure for assessing the percentage of disability. It also had to consider the impact of Thomas's psychiatric condition on his ability to pursue a common law claim. The court was tasked with resolving these issues by interpreting relevant legislation and case law.

The Supreme Court found that the term "permanent" in the context of loss of mental capacity refers to a loss that is not expected to improve significantly over time. It emphasised that each case must be assessed on its own facts, taking into account the nature of the psychiatric injury and the prognosis. The court concluded that the correct procedure for assessing the percentage of disability involves a detailed and evidence-based approach. It rejected Clough Engineering's arguments and found that Thomas's psychiatric condition constituted a significant and permanent loss of mental capacity, entitling him to workers' compensation and the right to pursue a common law claim. The court ordered Clough Engineering to pay compensation to Thomas and to cover his legal costs.