His Honour Judge Fraatz
Highlights:
- The side effects of medication can have severe implications on a person’s work capacity
- Evidence from treating doctor can be crucial to a successful outcome
Summary:
A man with a history of learning and mental health problems wins the right to sue for compensation because of the impact of medication on his capacity to earn an income.
Case Details:
The plaintiff, in this case, was a 45-year-old man with a history of childhood learning difficulties. After leaving school at the end of Year 11, he enrolled in a TAFE course which he never completed due to his poor literacy skills.
The man also had a history of psychiatric illness and had been treated for stress, anxiety and depression over the years. However, he was still capable of working, and in March 2017, the man was employed by Ceres National Foods Pty Ltd as a full-time cleaner and labourer.
Between 2017 and 2018, he was subjected to bullying and harassment in the workplace, which triggered further episodes of stress, anxiety and depression to the point he could no longer cope and had to stop working.
After his serious injury claim was rejected, Carbone Lawyers took the matter before the court to seek leave to sue for damages for pain and suffering and economic loss.
The plaintiff was enthusiastic about returning to the workplace and had ambitions to start his own welding business one day. The Defendant used this to suggest that the man’s illness was not serious and demonstrated a work capacity
However, his treating psychiatrist gave evidence in court that the medical treatment required to manage the plaintiff’s psychiatric condition would hinder his capacity to do the job and although he was enthusiastic for a return to the workforce, he had no real capacity to return due to his psychiatric symptoms and the effect his medications would have on his ability to engage in reliable and meaningful employment. He also argued that the plaintiff’s condition meant he was unlikely to be able to cope with the pressures of small business, as the Plaintiff expressed a desire to start his own company.
Outcome:
The Judge found in the plaintiff’s favour and granted leave to sue for pain and suffering and economic loss.
In his judgement, His Honour Judge Fraatz said:
“I find there is no reasonable prospect of Mr Pfeifer obtaining or retaining stable full-time employment, having regard to his fragile mental state, and the effect of his medication upon him either in isolation and certainly both in combination would prevent him from returning to full-time employment.”
A serious injury certificate for pain and suffering and economic loss was granted, and the matter has now proceeded to conferencing to seek an agreeable settlement.