WCRA: Dr Olsen & factual reliance for expert opinion

Thomas Borthwick & Sons (Australia) Pty Ltd v Ataera [2014] QCA 123

Muir JA with whom Morrison JA and Dalton J concurred.

APPEAL AND NEW TRIAL  – APPEAL  – GENERAL PRINCIPLES  – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT  – FUNCTIONS OF APPELLATE COURT  – FINDINGS ON ISSUE OF NEGLIGENCE  – GENERALLY  – where the respondent was employed by the applicant in its meatworks as a”-print term operator”  – where the respondent packed product of the meatworks into boxes for shipment  – where the respondent developed carpal tunnel syndrome first in her right hand and then later in her left hand  – where the respondent alleged that her work as a print term operator exposed her to a risk of developing carpal tunnel syndrome and that her injury was caused by the negligence of the applicant  – whether the primary judge’s finding that the respondent would probably not have developed the condition had an adequate rotation system been in place lacks sufficient evidentiary support  – whether the primary judge’s finding that the respondent’s work as print term operator caused the development of the condition in her left wrist lacks sufficient evidentiary support

Brisbane Barrister – David Cormack

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