Pearce v Prescare
[2020] QDC 149 · Jarro DCJ
Ulrike Pearce, an enrolled nurse aged 52, was injured at work in August 2015 when she stumbled on a rise in a corridor at the aged care facility run by her employer, Prescare. She suffered a stress fracture in her left thigh bone next to an existing hip replacement, and continued to experience thigh pain afterwards. Her employer admitted responsibility for the accident, so the only question was how much money she should receive. This was complicated because she already had serious pre-existing problems, including two hip replacements, a longstanding back condition, and other health issues that developed later. The judge decided the fracture had healed within about eight months but that some ongoing pain was linked to the accident. Because of her pre-existing conditions, the judge reduced her past income loss by 35% and her future income loss by 50%. The court awarded her a total of $354,072.81, mostly for lost earning capacity.
Incident & injury
Stumbled on a rise on a corridor floor while performing nursing duties, causing a stress fracture adjacent to the left femoral prosthesis
- Body regions
- Hip (Left)
- Diagnoses
- Stress fracture of the left femur adjacent to the femoral component of a total left hip replacement
- Incident date
- 2 August 2015
- Location
- Aged Care Facility, Maryborough, Queensland
Quick facts
- Date of judgment
- 3 July 2020
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 52
- Occupation
- Endorsed enrolled nurse Community & Personal Service Worker
- Liability
- Admitted
- ISV assessed
- 5 · Item 127 (WCRR Schedule 9)
- Whole Person Impairment
- 5%
- Total damages
- $354,073
Outcome
The court assessed damages for an enrolled nurse who suffered a stress fracture of the left femur after stumbling at work. Liability was admitted; quantum was heavily discounted (35% on past and 50% on future economic loss) for significant pre-existing hip and lumbar conditions and comorbidities. Judgment for the plaintiff of $354,072.81.
Defendant
1 Prescare
Employer
- Judgment against this defendant
- $354,073
- WorkCover refund
- $31,869
Heads of damage
| General damages | $6,950 |
|---|---|
| Past economic loss | $138,932 |
| Interest on past EL | $1,978 |
| Past superannuation | $13,257 |
| Future loss of economic capacity | $180,500 |
| Future superannuation | $19,855 |
| Past special damages (plaintiff) | $11,881 |
| Interest on past special damages | $30 |
| Future special damages | $4,000 |
| Fox v Wood | $7,941 |
| Subtotal before refunds | $385,942 |
Key issues
Pearce v Prescare [2020] QDC 149
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