Apelu v Lusty Tip Trailers Pty Ltd
[2023] QSC 262 · Brown J
Shem Apelu, a boilermaker, was struck in the back of the head by a lifting lug (a large metal hook) while assembling a tipper trailer at work in January 2018, suffering a scalp laceration, a neck injury and psychiatric harm. WorkCover accepted his claim and assessed post-traumatic stress disorder, but a medical tribunal found his schizophrenia was not work-related. When he later sued for damages, his employer argued he could not claim for the schizophrenia because it had never been assessed. Mr Apelu applied to strike out that part of the defence and for a declaration that he could pursue the schizophrenia claim. The court refused. It held that the assessment and notice of assessment covered only PTSD, treating schizophrenia as a separate condition, so the employer's defence was reasonably arguable. The court noted Mr Apelu was not left without options and could seek a review under another part of the workers' compensation legislation. This was a procedural ruling and did not decide how much, if anything, he would recover.
Incident & injury
Struck in back of head by lifting lug (a large metal hook) attached to a come-along chain while assembling bowl tipper trailer, allegedly rendering him unconscious
- Body regions
- Psychiatric, Head, Cervical spine
- Diagnoses
- Laceration of scalp, Cervical spine soft tissue injury, Post-traumatic stress disorder, Schizophrenia (or chronic aggravation of pre-existing mild schizophrenia)
- Incident date
- 18 January 2018
Quick facts
- Date of judgment
- 22 November 2023
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- boilermaker Technician / Trade Worker
Outcome
Plaintiff's application to strike out paragraph 9(c)(iv) of the defence (which pleaded that the plaintiff was not entitled to claim damages for schizophrenia) was dismissed. The Court held the Second Notice of Assessment was limited to PTSD and did not cover schizophrenia, and the defence disclosed a reasonable cause of action.
Key issues
Apelu v Lusty Tip Trailers Pty Ltd [2023] QSC 262
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