Guppy v Victorian WorkCover Authority
[2010] VSCA 164
Citation 1
…ous and permanent. 71 The Court of Appeal recently dealt with the question of aggravation cases in Guppy v Victorian WorkCover Authority .[14] [14] [2010] VSCA 164 72 In that case, the Court consisted of Maxwell P, Nettle JA and Emerton AJA. 73 The Court, at paragraph 19, referred to the decision in Petkovski v Ga…
Kozma Engineering Pty LTDand Victorian WorkCover Authority v Maria Pupic
[2009] VSCA 313
Citation 2
…y and for all times. The decision of the Court of Appeal in Kozma Engineering Pty Ltd v Pupic[16] did not suggest otherwise. [16] [2009] VSCA 313 78 Counsel for the defendant submitted that the employment with the defendant was not a significant contributing factor. Counsel relied upon the fact that the plaintiff…
Sabo v George Weston Foods
[2009] VSCA 242
Citation 3
…10] [8] S.134AB(38)(j) of the Act [9] see Kelso v Tatiara Meat Company Pty Ltd [2007] 17 VR 592, at 628; Sabo v George Weston Foods [2009] VSCA 242, at paragraph [67] [10] S.134AB(38)(h)…
Advanced Wire & Cable Pty Ltd v Abdulle
[2009] VSCA 170
Citation 4
(Para 63)
…s of earning capacity).[20] [18] S.134AB(38)(b) and (c) [19] S.134AB(38)(b), (c), (e), (f) and (g) [20] Advanced Wire & Cable Pty Ltd & VWA v Abdulle [2009] VSCA 170, at [63] 86 Accordingly, it is appropriate for me to look first at the various tests for loss of earning capacity which must be satisfied by the plai…
Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 5
…from the relevant accident. There appeared to be some question in the mind of the learned judge below as to whether Grech v Orica Australia Pty Ltd (2006) 14 VR 602 … rather than Petkovski was the authority that he should follow.”…
Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 6
…reseeable future”;[3] (c) under s.134AB(38)(b) of the Act : [2] S.134AB(1) of the Act and Barwon Spinners Pty Ltd & Ors v Podolak (2005) 14 VR 622, at paragraph [11] [3] S.134AB(37) of the Act and Barwon Spinners (op cit) at paragraph [33] “the terms serious and severe are to be satisfied by reference to the conseq…
Acir v Frosster Pty Ltd
[2009] VSC 454
Citation 7
(Para 157)
…of injury, it would not necessarily be an equivalent or parallel comparison: see Acir v Frosster Pty Ltd .[22] [22] [2009] VSC 454 at [157] 105 The plaintiff’s current earnings from personal exertion are nil. 106 I am therefore required to determine a “without injury” earnings figure. The “without injury” earning…