Stijepic v One Force Group Aust Pty Ltd

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.