Travers v Caringa Enterprises Ltd

[2017] NSWDC 143

District Court

New South Wales

Medium Neutral Citation:	Travers v Caringa Enterprises Ltd [2017] NSWDC 143
Hearing dates:	14, 15 and 23 March 2017
Date of orders:	14 June 2017
Decision date:	14 June 2017
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Judgment for the plaintiff. (2) The parties are to bring in short minutes of order reflecting the mathematically agreed judgment sum. (3) Defendant pay plaintiff’s costs, with liberty to apply (including liberty to apply for interest pursuant to s 151M Workers Compensation Act 1987 (NSW)).
Catchwords:	WORK INJURY – assessment of damages – past and future economic loss – no issue of principle
Legislation Cited:	Workers Compensation Act 1987 (NSW), s 151M
Cases Cited:	Briggs v State of New South Wales (No 2) [2015] NSWDC 299 Elias & Elias (1977) FLC 90-267 Graham v Baker (1961) 106 CLR 340 Husher v Husher (1999) 197 CLR 138 Kartal & Dutsanee [2016] FAMCA 1158 Leman v HV Operations Pty Limited [2017] NSWDC 113 Mason v Demasi [2009] NSWCA 227 McGlen-McLeod v Galloway [2012] NSWCA 368 Morvatjou v Moradkhani [2013] NSWCA 157 Reid v Brett [2005] VSC 18 Smith v New South Wales Bar Association (1992) 176 CLR 256 State of New South Wales v Moss (2000) 54 NSWLR 536 Vosebe Pty Ltd v Bakavgas; Vosebe Pty Ltd v Vapore [2009] NSWCA 117
Category:	Principal judgment
Parties:	Plaintiff: Michelle Travers Defendant: Caringa Enterprises Ltd
Representation:	Counsel: Plaintiff: Mr C Hart Defendant: Mr G Levick   Solicitors: Plaintiff: Michael Evers & Co Defendant: Moray & Agnew (Newcastle)
File Number(s):	2015/344496
Publication restriction:	None

Judgment

1. The plaintiff by statement of claim filed on 20 November 2015 brings proceedings for damages arising out of the circumstances in which on 27 February 2012, in the course of the plaintiff’s duties as a disability support worker, she was assisting another staff member to lower a person with disabilities onto a toilet. As a result of the negligence of the other support worker, the plaintiff was forced to take on too much weight, which resulted in the plaintiff suffering injuries to her back.

2. The plaintiff has provided particulars of ongoing disabilities as follows:

1. Injury to the lower back, requiring two level spinal fusion surgery with residual radiculopathy;

2. Surgical scarring;

3. Hypotonic neurogenic bladder caused by damage to the nerves in the cauda equina;

4. Pain in lower back and lower limbs;

5. Reactive anxiety, loss of self-esteem and depression;

6. Reduced ability to work;

7. Difficulty participating in pre-injury sporting, social and leisure time activities;

8. Dependency on others for activities of daily living.

3. The sole issue for determination by me is the quantum of past and future economic loss. Even that issue is a narrow one, in that the defendant has made concessions as to the impact of the injury on the plaintiff’s capacity to earn, which is set out in more detail below.

4. There were unfortunately delays in the preparation of this judgment as the transcript had to be ordered following a substantial change of position by the plaintiff on the second…