Stijepic v One Force Group Aust Pty Ltd

Case [2009] VSCA 181


SUPREME COURT OF VICTORIA

COURT OF APPEAL

No 3755 of 2009

MARO STIJEPIC

Appellant

v

ONE FORCE GROUP AUST PTY LTD AND VICTORIAN WORKCOVER AUTHORITY Respondents

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JUDGES ASHLEY JA and BEACH AJA
WHERE HELD MELBOURNE
DATE OF HEARING 13 August 2009
DATE OF JUDGMENT 14 August 2009
MEDIUM NEUTRAL CITATION: [2009] VSCA 181
JUDGMENT APPEALED FROM Stijepic v One Force Group Aust Pty Ltd & Anor
(Unreported, County Court, Judge Morrow, 24 March 2009)

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ACCIDENT COMPENSATION – Appeal – Serious injury – Pain and suffering consequences of compensable injury – Need to consider complete spectrum of impairments and losses – Significance of return to alternative duties – Need to consider totality of evidence.
Sections 134AB, 134AD, Accident Compensation Act 1985 (Vic).

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APPEARANCES: Counsel Solicitors

For the Appellant

Mr T P Tobin SC with

Mr A E A Macnab

Ryan Carlisle Thomas

For the Respondents Mr J Ruskin QC with
Mr S A O’Meara
Lander & Rogers Lawyers

ASHLEY JA

BEACH AJA:

Introduction

  1. On 9 January 2006, Mr Maro Stijepic, the appellant, was employed as a causal labourer by One Force Group Pty Ltd, the first respondent.  On that day, he was required to attend at the premises of Purple Pig (Australia) Pty Ltd to carry out labouring duties.  In the course of performing those labouring duties, he was required to assist in unloading a 120 kilogram roll of rubber.  While lifting and carrying one end of the roll, a person who was working with the appellant[1] dropped the other end of the roll.  As a result, the appellant took the full weight of the roll and suffered injury to his low back.

    [1]The appellant could not recall the man’s name;  but nothing turns on it.

  1. By an originating motion filed in the County Court, the appellant sought leave, pursuant to s 135AB(16)(b) of the Accident Compensation Act 1985 (‘the Act’), to bring proceedings at common law against the first respondent.[2] He relied upon paragraph (a) of the definition of ‘serious injury’ in s 134AB(37) – namely ‘permanent serious impairment or loss of a body function’, being the low back.

    [2]We assume that the Victorian WorkCover Authority was joined as a second defendant to that application (and thus became the second respondent in this appeal) in purported compliance with s 134AB(18) of the Act which requires a copy of an application under s 134AB(16) to be served on it and each person against whom the appellant claims to have a cause of action.

  1. The application was heard by a County Court judge on 11 March 2009. At the hearing of the application, the appellant confined his application to one for leave to claim pain and suffering damages only. We assume that he so confined his claim because of an apprehended inability to satisfy sub-paragraph (ii) of s 134AB(38)(b).[3]

    [3]See s 134AB(17).

  1. On the hearing of the application, the appellant relied upon affidavits sworn by himself and his mother, and upon medical reports of treating and examining doctors.  The…

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Stijepic v One Force Group Aust Pty Ltd [2009] VSCA 181
Case
[2009] VSCA 181
Decision Date

CaseChat Overview and Summary

Stijepic v One Force Group Aust Pty Ltd involves an appeal against a decision regarding the compensation to be awarded for a serious injury sustained by the plaintiff, Stijepic, during his employment with One Force Group Aust Pty Ltd. The dispute centred on the pain and suffering consequences of the compensable injury and the quantum of compensation. The matter was heard in the Supreme Court of Victoria.

The court was required to determine the appropriate method for assessing the extent of the plaintiff's pain and suffering and the impact of his return to alternative duties on the overall compensation. The case involved the interpretation and application of sections 134AB and 134AD of the Accident Compensation Act 1985 (Vic), which outline the criteria for assessing compensation for pain and suffering in serious injury cases.

The court found that the assessment of pain and suffering should consider the complete spectrum of impairments and losses, including the impact of the return to alternative duties. The court held that the totality of evidence, including the plaintiff's subjective experience of pain and suffering, should be considered in determining the appropriate compensation. The court also emphasised the importance of evaluating the full range of consequences of the injury, rather than focusing solely on the return to alternative duties.

The final orders of the court included a determination of the appropriate compensation for pain and suffering, taking into account the complete spectrum of impairments and losses, as well as the impact of the return to alternative duties. The court directed the parties to negotiate and, if necessary, apply to the court for a determination of the precise amount of compensation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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