Workcover Queensland v CRG Harvesting Pty Ltd
[2026] QCA 124 · Mullins P, Bond JA, Doyle JA
Carlo Germanotta, a machinery operator on his family's North Queensland cane farming operation, was crushed in August 2018 while repairing a cane-harvesting tractor when it slipped off a jack after a co-worker climbed into the cabin. The harvesting company, CRG Harvesting, admitted it was liable for the co-worker's negligence. WorkCover Queensland refused to indemnify the company, arguing Carlo was not a 'worker' under the workers' compensation legislation - either because he had no genuine employment contract, the family's business arrangements were a sham, or he was really a company director. The trial judge rejected all of these arguments and awarded about $1.3 million in damages.
On appeal, WorkCover ran the same worker-status arguments and also attacked two damages findings: the assessment of past economic loss at $300 per week and the 15% discount applied to future economic loss. The Court of Appeal rejected every ground. First - Carlo was a genuine employee paid weekly wages with tax and super. Second - He was said to not be a director, since his listing in company documents was an administrative error and his intellectual limitations meant he played no managerial role. Finally - The damages findings were within the trial judge's sound discretion. The appeal was dismissed with costs, and Carlo's 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.
Defendant
1 CRG Harvesting Pty Ltd
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $1,299,113
Key issues
Workcover Queensland v CRG Harvesting Pty Ltd [2026] QCA 124
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Learn more about WorkCover common law claims in Queensland.