Manca v Teys Australia Beenleigh Pty Ltd
[2023] QDC 139 · Barlow KC, DCJ
Mr Manca was an experienced meatworker at the Teys meatworks in Beenleigh. After finishing a shift on the 'blooding floor' on 11 February 2020, he slipped while walking down some steps and fell backwards, breaking a rib and injuring the soft tissue near his shoulder blade and spine. He claimed his employer was negligent for not keeping the steps clean of blood or providing proper facilities to clean his boots. The main questions were what caused the fall, whether the employer had failed to keep the workplace safe, and whether Mr Manca was partly at fault. The judge found Mr Manca had not proved what caused him to slip, that blood was not shown to be slippery, and that the employer had taken reasonable precautions including providing a non-slip floor and a handrail. The judge also found Mr Manca was carrying equipment in both hands and failed to use the handrail. The claim was dismissed because the employer was not negligent. The judge noted that, had the employer been liable, damages of about $119,000 would have been awarded after reducing for Mr Manca's own carelessness.
Incident & injury
Slipped while descending steps after a shift on the blooding floor and fell backwards, hitting his back/rib on the corner of a stair
- Body regions
- Chest / thorax, Thoracic spine, Psychiatric
- Diagnoses
- Left 6th rib fracture, Soft tissue injury to scapulothoracic spine, Fear avoidance / pain behaviour (psychological reaction)
- Incident date
- 11 February 2020
- Location
- Teys meatworks, Beenleigh
Quick facts
- Date of judgment
- 18 August 2023
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~39 (inferred)
- Occupation
- Meatworker (slaughterman) Labourer
- Liability
- Disputed · 30% contributory negligence
- ISV assessed
- 9 uplift applied · WCRR Schedule 9 item 92 - Moderate thoracic or lumbar spine injury—soft tissue injury
- Whole Person Impairment
- 6%
- Total damages
- $0
Outcome
The court found Teys was not negligent and that Mr Manca had not proved what caused his fall, dismissing the claim. Had liability been established, the court would have awarded $119,276 after a 30% reduction for the plaintiff's contributory negligence in not using the handrail.
Defendant
1 Teys Australia Beenleigh Pty Ltd
Employer (self-insurer)
- Judgment against this defendant
- $0
- Medicare refund
- $2,287
Heads of damage
| General damages | $14,690 |
|---|---|
| Past economic loss | $57,771 |
| Interest on past EL | $7,351 |
| Past superannuation | $5,877 |
| Future loss of economic capacity | $65,000 |
| Future superannuation | $5,000 |
| Past special damages (plaintiff) | $2,100 |
| Interest on past special damages | $318 |
| Future special damages | $10,000 |
| Subtotal before refunds | $170,394 |
Key issues
Manca v Teys Australia Beenleigh Pty Ltd [2023] QDC 139
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.