Johnson v Fraser Coast Regional Council
[2020] QDC 228 · Loury QC DCJ
Clinton Johnson worked as a truck driver and plant operator for the Fraser Coast Regional Council. In September 2014 he twisted his right knee stepping down from an unstable tow-hitch he was using to cover a load of hot asphalt with a tarpaulin. He already had a long-standing degenerative knee condition, but the incident aggravated it and he was never able to return to heavy manual work. The Council denied the injury happened at work and accused him of fabricating the claim to obtain compensation.
The judge found the plaintiff, though an unsophisticated and unreliable historian about his medical history, was honest, and that his account was supported by his diary, his partner's evidence and surveillance footage. The Council was found to have failed to provide a safe system of work, such as a simple stepladder. Because his pre-existing condition meant he could have injured his knee at any time, the judge applied large discounts to his lost earnings. The plaintiff was seeking damages to be assessed at $748,445.47 whereas the defendant submitted they should be $65,171.61. The judge assessed damages just below the mid-point of the two submissions, awarding the plaintiff 349,548.07.
Incident & injury
Worker stepped down off an unstable tow-hitch on a truck (used to cover an asphalt load with a tarpaulin), twisting his right knee, aggravating a pre-existing degenerative knee condition
- Body regions
- Knee / lower leg (Right)
- Diagnoses
- Aggravation of pre-existing right knee osteoarthritis, Medial meniscal tear, Chronic anterior cruciate ligament deficiency (pre-existing)
- Incident date
- 5 September 2014
- Location
- Dundowran, near Hervey Bay, Queensland
Quick facts
- Date of judgment
- 23 October 2020
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~43 (inferred)
- Occupation
- Plant operator / truck driver (Fraser Coast Regional Council) Machinery Operator / Driver
- Liability
- Disputed
- ISV assessed
- 8 · Item 138 (Moderate knee injury) - WCRR 2014 Sch 9
- Whole Person Impairment
- 8%
- Total damages
- $349,548
Outcome
The court found that the plaintiff sustained a knee injury at work on 5 September 2014 caused by the defendant's failure to provide a safe system for covering asphalt loads, rejecting the defendant's allegation of fabrication. Judgment was entered for the plaintiff for $349,548.07, with substantial contingency discounts applied to economic loss because his pre-existing degenerative knee condition made him vulnerable to a similar injury in any event.
Defendant
1 Fraser Coast Regional Council
Employer
- Judgment against this defendant
- $349,548
- WorkCover refund
- $37,677
Heads of damage
| General damages | $11,720 |
|---|---|
| Past economic loss | $192,000 |
| Interest on past EL | $4,257 |
| Past superannuation | $18,240 |
| Future loss of economic capacity | $125,000 |
| Future superannuation | $14,225 |
| Past special damages (plaintiff) | $16,060 |
| Interest on past special damages | $48 |
| Future special damages | $1,000 |
| Fox v Wood | $4,675 |
| Subtotal before refunds | $387,225 |
Key issues
Johnson v Fraser Coast Regional Council [2020] QDC 228
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