Salita v Eastern Health

Salita commenced proceedings against Eastern Health, seeking damages for injuries sustained in the course of her employment as a nurse. Salita's right shoulder was injured during her employment, and subsequently, she was assaulted by a patient, resulting in further aggravation of her shoulder injury. The dispute centred on whether the injuries were to be treated separately, whether the consequences of each injury could be aggregated, and whether the consequences of the injuries were "very considerable". The case was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the consequences of the two injuries were to be treated separately or aggregated. The court needed to determine if the injuries could be disentangled from each other and from other unrelated injuries and conditions. Additionally, the court had to assess whether the consequences of the injuries were "very considerable" as required by the relevant legislation.

In determining the issues, the court examined the evidence and submissions from both parties. The court found that the injuries were indeed distinguishable, with the aggravation of the shoulder injury occurring due to the assault by the patient. The court further found that the consequences of the injuries were "very considerable" as they resulted in significant disability and loss of function for Salita. The court held that the consequences of each injury could be aggregated, and the overall consequences were indeed "very considerable".

Accordingly, the court made orders in favour of Salita, granting her the right to aggregate the consequences of the two injuries and finding that the consequences were "very considerable". This decision provides guidance for future cases involving the aggregation of consequences in serious injury applications.