Knight v CPSM Pty Ltd
[2021] QDC 3 · Sheridan DCJ
Megan Knight worked as a personal care assistant at a Mount Coolum aged care facility. She claimed that exposure to a cleaning chemical called 'D4' over about two years caused her to develop a 'chemical hypersensitivity' and a wide range of symptoms, including headaches, breathing problems and chronic fatigue, leaving her unable to work. She sued her employer for negligence. Representing herself at trial, she argued the employer failed to keep the workplace safe, warn her, train staff or stop others using the chemical around her. The judge found the chemical was used in a heavily diluted and safe form, that the employer trained staff and took reasonable steps once she complained, and that there was no proof the chemical caused her symptoms. The judge also found her account of her symptoms exaggerated and inconsistent with her social media activity, and that she had no psychiatric disorder. The claim was dismissed and she recovered nothing.
Incident & injury
Alleged exposure to a diluted liquid cleaning chemical ('D4') in the course of work as a carer at an aged care facility, said to cause chemical hypersensitivity and associated symptoms
- Body regions
- Respiratory, Psychiatric (alleged)
- Diagnoses
- Alleged Multiple Chemical Sensitivity (not accepted), Alleged undifferentiated somatoform disorder (not accepted), At most a self-limiting temporary mucous membrane irritation of upper respiratory tract
- Incident date
- 4 September 2014
- Location
- CPSM Mt Coolum Aged Care, Queensland
Quick facts
- Date of judgment
- 5 February 2021
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Personal care assistant (carer) at aged care facility Community & Personal Service Worker
- Liability
- Disputed
- Total damages
- $0
Outcome
The court dismissed the plaintiff's claim, finding she had not proven any breach of the employer's duty of care and, on the medical evidence accepted, had no ongoing injury or impairment arising from exposure to the chemical D4. The court found her evidence as to symptoms and incapacity not credible.
Defendant
1 CPSM Pty Ltd
Employer
- Judgment against this defendant
- $0
Key issues
Knight v CPSM Pty Ltd [2021] QDC 3
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