Ferreira v Zebra Stoneworks Pty Limited

In *Ferreira v Zebra Stoneworks Pty Limited*, the appellant brought a claim for damages against the respondent in the Supreme Court. The respondent conceded liability, and the case proceeded to an assessment of damages. The primary judge made findings regarding the appellant's injuries, including a significant soft tissue injury that resolved relatively quickly, but also an aggravation and acceleration of pre-existing spinal conditions, leading to permanent pain. The primary judge also found some loss of sexual function and an adjustment disorder with depressed mood.

The legal issues before the court concerned the assessment of damages, specifically non-economic loss, future out-of-pocket expenses, and economic loss, including past loss of earning capacity and superannuation. A key point of contention was whether the respondent was bound by a previous Workers Compensation Court award, which had determined the appellant to be totally incapacitated for periodic payments at the statutory maximum, to preclude the respondent from arguing a residual earning capacity in the past for the purposes of the common law damages claim.

The primary judge assessed non-economic loss at 55% of the maximum amount, future out-of-pocket expenses at $4,169.00, and past economic loss based on the appellant's actual earnings of $350.00 per week after tax. The respondent conceded that, due to the absence of a variation application to the Compensation Court award, it was precluded from arguing that the appellant had any residual earning capacity in the past. Consequently, the primary judge assessed past loss of earning capacity at $75,250.00 and past loss of superannuation at $6,772.00.

The appeal resulted in an increase to the judgment by $6,795.84, with the remainder of the appeal being dismissed. Each party was ordered to bear its own costs.