Edzevit Saitoski v G.J. and K. Cleaning Services Pty Ltd

In this case, Edzevit Saitoski sued G.J. and K. Cleaning Services Pty Ltd for damages arising from a workplace injury. Mr. Saitoski claimed that he suffered a serious injury that impaired his ability to work, resulting in a loss of income and income earning capacity. The dispute centred around whether the injury resulted in a permanent loss of income earning capacity and whether Mr. Saitoski's actual income from personal exertion was affected. The case was heard in the Supreme Court of Victoria.

The court had to determine two primary legal issues. First, it needed to establish whether Mr. Saitoski's injury resulted in a permanent loss of his capacity to earn an income from his personal exertion. Second, it had to assess whether Mr. Saitoski's actual income from his personal exertion was diminished due to the injury. The court considered medical evidence, expert opinions, and the impact of the injury on Mr. Saitoski's ability to work and earn income.

In its decision, the court found that Mr. Saitoski's injury did result in a permanent impairment of his capacity to earn an income from personal exertion. The court accepted that the injury had a lasting impact on his ability to work and earn income. However, the court also concluded that Mr. Saitoski's actual income from personal exertion was not significantly diminished. The court reasoned that Mr. Saitoski had continued to work and earn income, albeit at a reduced capacity, and that the income he earned was not substantially different from what he would have earned had he not been injured.

The court ordered G.J. and K. Cleaning Services Pty Ltd to pay damages to Mr. Saitoski for the permanent loss of his income earning capacity. The court did not order compensation for any reduction in actual income, as it found that such a reduction was not significant. This decision highlights the importance of distinguishing between a permanent loss of income earning capacity and actual income when assessing damages for a serious injury.