Evans v Suncoast Fencing
[2023] QDC 192 · Cash DCJ
A fencing worker said he hurt both his wrists at work, developing carpal tunnel syndrome, after years of grinding, sanding and welding metal fence posts. He pursued a common-law claim against his employer under the workers' compensation system. He had received a workers' compensation assessment for an injury dated 26 November 2020 — the day he first felt the symptoms. His statement of claim said the injury arose either on that day, or from repetitive work over time, or a combination. The employer applied to strike out the part of the claim referring to the build-up over time, arguing the worker had only been assessed for a single-day injury and so was barred from running that case. The District Court refused the application. The judge explained that the law distinguishes between the 'injury' (the harm to the worker) and the 'event' (how it was caused). The worker was describing the same wrist injury, just expanding on its cause, which is allowed. Whether the cause was a single day or repetitive work is a question for trial.
Incident & injury
Bilateral wrist/hand injury (carpal tunnel syndrome) said to arise from grinding and sanding metal fence posts on 26 November 2020 and/or repetitive work over a period of time.
- Body regions
- Left wrist, Right wrist, Psychiatric
- Diagnoses
- bilateral carpal tunnel syndrome / median nerve injuries, adjustment disorder with anxiety and depression
- Incident date
- 26 November 2020
Quick facts
- Date of judgment
- 27 October 2023
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Occupation
- fencing worker (grinding, sanding and welding metal fence posts) Technician / Trade Worker
Outcome
The defendant's application to strike out paragraph 17(b) of the statement of claim (alleging the injury arose over a period of time) was dismissed. The court held the pleading described the event causing the injury, not a different injury, so it did not breach section 237 of the WCRA.
Key issues
Evans v Suncoast Fencing [2023] QDC 192
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.