Savic v Salmat Targeted Services Pty Ltd

The appellant, Mr. Savic, was involved in an appeal against the respondent, Salmat Targeted Services Pty Ltd, regarding a matter before the New South Wales Supreme Court. Mr. Savic had a pre-existing work-related injury that affected his right shoulder. He subsequently suffered another work-related injury to his left shoulder. The primary issue was whether the second injury constituted a serious injury, and if it caused a total loss of earning capacity. The court had to determine if the second injury was a serious injury that resulted in a total loss of earning capacity, separate from the pre-existing injury.

The legal issues the court had to decide included the extent to which the second injury contributed to the overall incapacity of Mr. Savic, and whether the injuries were to be considered cumulative or separate in terms of their impact on his capacity to work. The court needed to evaluate the evidence provided by both parties concerning the nature and extent of the injuries, the medical reports, and the impact on Mr. Savic’s ability to earn income. The court also had to consider the legal principles governing the assessment of serious injuries and total loss of earning capacity under the relevant workers' compensation legislation.

The court concluded that the second injury to Mr. Savic’s left shoulder did indeed constitute a serious injury that caused a total loss of earning capacity, separate from the pre-existing injury to his right shoulder. The court found that the cumulative effect of both injuries resulted in a total loss of earning capacity. The decision was based on the evidence presented, which demonstrated a significant reduction in Mr. Savic’s ability to perform any meaningful work due to the combined impact of both injuries. The court allowed the appeal and found in favour of Mr. Savic, resulting in the orders that the appeal be allowed.