Schokman v CCIG Investments Pty Ltd
[2021] QSC 120 · Crow J
Incident & injury
Plaintiff was urinated on by intoxicated co-worker/roommate while sleeping in shared employee accommodation, triggering cataplectic attack and aggravating pre-existing narcolepsy and cataplexy
- Body regions
- Psychiatric, Neurological (sleep disorder)
- Diagnoses
- Aggravation of pre-existing narcolepsy and cataplexy, Post-traumatic stress disorder (in remission), Adjustment disorder with mixed anxiety and depressed mood
- Incident date
- 7 November 2016
- Location
- Daydream Island Resort, Queensland
Quick facts
- Date of judgment
- 27 May 2021
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 25
- Occupation
- Food and beverage supervisor Manager
- Liability
- Disputed
- ISV assessed
- 17 uplift applied · Item 8 (minor brain injury analog) / Sch 9 WCRR
- Total damages
- $0
Outcome
Judgment for the defendant. Crow J found that although the employer owed a duty of care extending to accommodation provided as a condition of employment, the plaintiff failed to establish breach or causation under ss 305B and 305D WCRA, and the employer was not vicariously liable for the co-worker's act of urinating on the plaintiff. Quantum was assessed contingently at $431,738.88 had liability been established.
Defendant
1 CCIG Investments Pty Ltd
Employer
- Judgment against this defendant
- $0
- WorkCover refund
- $215,521
- Medicare refund
- $3,155
Heads of damage
| General damages | $29,590 |
|---|---|
| Past economic loss | $104,438 |
| Past superannuation | $9,922 |
| Future loss of economic capacity | $400,000 |
| Future superannuation | $45,200 |
| Past special damages (plaintiff) | $2,412 |
| Past special damages (WorkCover) | $26,079 |
| Future special damages | $7,500 |
| Fox v Wood | $18,965 |
| Subtotal before refunds | $647,260 |
Key issues
Schokman v CCIG Investments Pty Ltd [2021] QSC 120
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