Schafer v Glendale RV Syndication Pty Ltd
[2022] QDC 263 · Coker DCJ
Debora Schafer, aged 54, worked as a chef at a Townsville aged care facility. Her job required her repeatedly to lift heavy food trays into steamer ovens, sometimes at and above shoulder height, often supporting the weight on one open palm. After a few weeks she developed severe left shoulder pain, which became disabling on 5 January 2017 when she lifted a tray to a top shelf. She had a pre-existing degenerative condition in her shoulder. The main dispute was whether her work caused the injury or whether her symptoms simply came from the underlying degeneration, and whether the employer should have foreseen and prevented the risk. The judge accepted that the work caused an aggravation of the degeneration and that the employer failed to do any risk assessment or make simple changes such as lowering the ovens or sharing the load. The court awarded the plaintiff $397,952.93, made up mostly of past and future lost income.
Incident & injury
Repetitive lifting and loading of food trays into steamer ovens at and above shoulder height as a chef, causing aggravation of pre-existing AC joint degeneration in the left shoulder
Read the findings as text
- No risk assessment. Ovens above shoulder height.
- Breach of duty. Aggravated degeneration.
- $397,953 awarded. [2022] QDC 263.
- Body regions
- Shoulder, Left shoulder (Left)
- Diagnoses
- Aggravation of pre-existing acromioclavicular joint arthritis/degeneration (left shoulder)
- Incident date
- 5 January 2017
- Location
- Glendale Aged Care, 435 Dalrymple Road, Mt Louisa, Townsville
Quick facts
- Date of judgment
- 2 December 2022
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 54
- Occupation
- Chef at aged care facility Technician / Trade Worker
- Liability
- Disputed
- ISV assessed
- 10 · Item 97 WCRR Schedule 9
- Whole Person Impairment
- 5%
- Total damages
- $397,953
Outcome
The court found the employer breached its duty of care by failing to conduct a risk assessment and provide a safe system for repetitive overhead tray-lifting, causing aggravation of the plaintiff's pre-existing AC joint degeneration. Judgment was entered for the plaintiff for $397,952.93.
Defendant
1 Glendale RV Syndication Pty Ltd
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $397,953
- WorkCover refund
- $2,867
Heads of damage
| General damages | $15,530 |
|---|---|
| Past economic loss | $160,237 |
| Past superannuation | $15,223 |
| Future loss of economic capacity | $158,814 |
| Future superannuation | $16,675 |
| Past special damages (plaintiff) | $11,616 |
| Past special damages (WorkCover) | $2,867 |
| Future special damages | $19,858 |
| Subtotal before refunds | $400,820 |
Key issues
Schafer v Glendale RV Syndication Pty Ltd [2022] QDC 263
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