Haley v Mackay Regional Health Authority

Debra Kathleen Haley, a former enrolled nurse, sued the Mackay Regional Health Authority for personal injuries she sustained in the course of her employment. Haley was injured while lifting and turning an elderly patient at Mackay Base Hospital. The injury caused her ongoing lumbar pain and an inability to perform certain tasks, including her nursing duties. The Mackay Regional Health Authority admitted liability, and the only issue before the court was the quantum of damages. The court was tasked with determining the appropriate compensation for Haley's special damages, pre-trial economic loss, lost superannuation contributions, future economic loss, and pain and suffering.

The court assessed Haley's damages by considering her age at the time of injury, her work history, and the potential impact of her injuries on her future earning capacity. The court found that Haley would be deprived of approximately five years of her working life due to her injuries. The court also took into account the possibility that Haley might retrain and secure employment in a less physically demanding role. The court awarded Haley $35,000 for pain and suffering and loss of amenities, $75,000 for future economic loss, and $1,200 for pain management therapy. The court also awarded Haley interest on her past economic loss and lost superannuation contributions, and deducted the amount repayable to the Workers' Compensation Board.

The court awarded Haley a total of $142,719.49 in damages, along with costs to be taxed on the appropriate District Court scale. The court found that Haley had suffered significant pain and suffering and loss of amenities due to her injuries, and that she would be deprived of a substantial portion of her future earning capacity as a result. The court also found that the Mackay Regional Health Authority was liable for Haley's injuries and that she was entitled to compensation for her losses.