Workcover Queensland v CRG Harvesting Pty Ltd
[2026] QCA 124 · Doyle JA
Carlo Germanotta, an experienced cane farmer and machinery operator, was crushed in August 2018 while repairing a cane-harvesting tractor when it slipped off a jack. His family's harvesting company, CRG Harvesting, was found liable for the injury. WorkCover Queensland refused to cover the claim, arguing that Carlo was not a 'worker' under the workers' compensation law - either because he had no genuine employment contract, the arrangement was a sham, or he was really a company director. The trial judge rejected all of these arguments and awarded damages.
On appeal, the Court of Appeal agreed with the trial judge on every point: Carlo was a genuine employee, not a director (he had significant intellectual limitations and played no managerial role), and the damages assessments for past and future loss of earning capacity were reasonable. The appeal was dismissed and WorkCover was ordered to pay costs, meaning Carlo's damages award stood.
Incident & injury
While carrying out repairs to a cane harvesting tractor, the tractor dislodged from a jack on which it was raised and crushed the worker who had crawled beneath it.
- Body regions
- Lumbar / thoracic spine, Lumbar spine, Thoracic spine, Cervical spine, Chest/ribs, Left clavicle, Spinal cord, Bowel, Urinary system, Sexual function, Psychiatric
- Diagnoses
- Multiple debilitating injuries (crush injuries), Back injury
- Incident date
- 15 August 2018
- Location
- Sarina / Mackay area, Queensland
Quick facts
- Date of judgment
- 3 July 2026
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 45
- Occupation
- Sugar cane harvester / haul-out operator and machinery operator Machinery Operator / Driver
- Liability
- Admitted
- ISV assessed
- 48 uplift applied · Item 89 — Extreme Thoracic or Lumbar Spinal Injury (WCRR Schedule 9)
- Whole Person Impairment
- 36%
Outcome
The Court of Appeal dismissed WorkCover Queensland's appeal, upholding the primary judge's findings that Carlo Germanotta was a 'worker' under the WCRA (employed under a contract of employment, not a director) and that the assessments of past economic loss ($300/week for seven years) and the 15% future economic loss discount were within the limits of a sound discretionary judgment. WorkCover was ordered to pay the respondents' costs.
Key issues
Workcover Queensland v CRG Harvesting Pty Ltd [2026] QCA 124
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.