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Guppy v Victorian WorkCover Authority
[2010] VSCA 164
Citation 1
…us and permanent. 144 The Court of Appeal recently dealt with the question of aggravation cases in Guppy v Victorian WorkCover Authority .[40] [40] [2010] VSCA 164…
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Smith v Canberra Press Pty Ltd
[2009] VSCA 200
Citation 2
…of an application under s 135A has no bearing when considering whether the application under s 135A(2B) was brought within time or not.” [24] [2009] VSCA 200, at paragraph 11…
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Advanced Wire & Cable Pty Ltd v Abdulle
[2009] VSCA 170
Citation 3
…ing capacity).[44] [42] S.134AB(38)(b), (c) and (d) [43] S.134AB(38)(b), (c), (e), (f) and (g) [44] Advanced Wire & Cable Pty Ltd v Abdulle [2009] VSCA 170, at 63 153 It is appropriate for me to look first at the various tests for loss of earning capacity which must be satisfied by the plaintiff. The Narrative Tes…
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AEP Industries Australia Pty Ltd v Mahmoud
[2007] VSCA 203
Citation 4
…ry at the relevant time; and second, whether those facts constituted knowledge of serious injury incapacity as explained in Humphries v Poljak . [22] (2007) 17 VR 144 106 As Ashley JA, with whom Maxwell ACJ and Nettle JA agreed, stated in Papercorp Pty Ltd v Nicolaou :[23] “It is for the judge hearing a s 135A(4)(b…
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Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 5
…plaintiff on 9 April 1997 [15] Plaintiff’s Court Book page 157 [16] [2006] VSCA 171 [17] (2006) 14 VR 602 at 41 89 In 2001, Mr Dohrmann reviewed the plaintiff at the request of Mr Doig. In a report dated 2006, Mr Dohrmann said it was likely that the plaintiff’s employment as an optometrist over the past twenty yea…
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Ansett Australia Ltd v Taylor
[2006] VSCA 171
Citation 6
…form completed by the plaintiff on 9 April 1997 [15] Plaintiff’s Court Book page 157 [16] [2006] VSCA 171 [17] (2006) 14 VR 602 at 41 89 In 2001, Mr Dohrmann reviewed the plaintiff at the request of Mr Doig. In a report dated 2006, Mr Dohrmann said it was likely that the plaintiff’s employment as an optometrist ov…
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Papercorp Pty Ltd v Nicolaou
[2006] VSCA 143
Citation 7
…d the template of serious injury incapacity, that template involving elements of fact, degree and value judgment.” [23] Howden v Ansett Australia [2006] VSCA 143, at paragraph 50…
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Edwards v McSaveney
[2005] VSCA 252
Citation 8
…The knowledge is not knowledge of serious injury, but rather knowledge of “incapacity arising from injury”.[27] [27] Edwards v McSaveney & Anor [2005] VSCA 252 113 While the knowledge is the subjective knowledge of the plaintiff, it is not his “subjective value judgment” of incapacity[28] which is to be taken into…
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Paget v JLT Workers Compensation Services Pty Ltd
[2005] VSCA 144
Citation 9
…id ) at paragraph 28 111 Thus, knowledge means the subjective knowledge of the worker, not suspicion or knowledge as objectively assessed.[26] [26] Paget v JLT Workers Compensation Services Pty Ltd & Anor (2005) 12 VR 692, at paragraphs 26 and 29 112 The knowledge is not knowledge of serious injury, but rather knowledge of “incapacity arising from injury”.[27]…
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Hunter v Transport Accident Commission
[2005] VSCA 1
Citation 10
…d & Ors v Podolak .[35] The Court must examine the consequences of a physical impairment in the separate context of: [35] (2005) 14 VR 622 (a) pain and suffering; and (b) loss of earning capacity. 141 In order to succeed, the plaintiff must prove on the balance of probabilities that: (a) “the injury” suffered by hi…
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Alcoa of Australia Ltd v McKenna
[2003] VSCA 182
Citation 11
…Ltd v Skorsis ;[19] Alcoa of Australia Ltd v McKenna ;[20] Grech v Orica Australia Pty Ltd & Anor .[21] [19] (2000) 12 VR 386 at paragraph 26 [20] (2003) 8 VR 452 at paragraph 62 [21] ( ibid , fn 17) at paragraphs 51-55 101 I accept that the preponderance of the medical opinion is that there is an ongoing contrib…
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R J Gilbertsons Pty Ltd v Skorsis
[2000] VSCA 51
Citation 12
…s in this case: see RJ Gilbertsons Pty Ltd v Skorsis ;[19] Alcoa of Australia Ltd v McKenna ;[20] Grech v Orica Australia Pty Ltd & Anor .[21] [19] (2000) 12 VR 386 at paragraph 26 [20] (2003) 8 VR 452 at paragraph 62 [21] ( ibid , fn 17) at paragraphs 51-55 101 I accept that the preponderance of the medical opinio…
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Barlow v Hollis
[2000] VSCA 26
Citation 13
…ody function, that condition fell to be considered under part (c) as psychiatric injuries.[12] [11] (2000) 1 VR 79 [12] ( ibid ) at pages 87-88 83 Section 135A(6) does not specify the standard of proof. I accept it is on the balance of probabilities. Compensable Injury 84 The plaintiff must identify a compensable…