WCRA: similar impairment, but diverging work capacity

 Date  Decision  Age  Generals and Injury ISV Uplift  Occupation  Past lost income  Future lost income  Gratuitous care
09.03.12 Judge v RH Grey & Son Pty Ltd & Ors [2012] QDC 33

Brisbane

Dorney QC DCJ

 

26(M) $70,000.00Amputation to toes of the right forefoot and psychological7/8% AMA 5 impairment

Dr De Leacy preferred to Dr Chalk because of the information provided during the interview. Ultimately, however, it matter little because Dr Chalk conceded a modest psychiatric condition (2.5%) and Dr De Leacy conceded his condition had improved  (5%) and he would not benefit from future treatment or counselling given the lapse of time and lack of past antidepressent medication. [26] – [29]

The apppriate scale was the AMA nor PIRS

 –  – Backpacker, but subsequently a plumber $76,930.00 $367,500.00$530/week loss until 67 years of age and discounted by 25%Middle ground approach to working hard in remote areas and settling down with his de facto adopted.

Took into account the visa application (Irish) for work in Australia and subsequent de facto relationship as evidence, together with history of work, sponsorship and honesty.

Dr David Morgan was preferred over Dr David Macintosh who despite their agreement as to impairment disagreed as to its impact on earning capacity.

Dr Macintosh was found to have been unreasonable and blunt in response to the plaintiff’s complaints of pain and lack of capacity.

 [53] -[54]

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