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Secretary Wins Personal Injury Appeal for 239,613 AU Dollars

An Australian secretary, who suffered a prolapsed disc injury when moving a delivery of photocopier paper which had been left on her desk, has had her personal injury compensation award of 239,613 Australian Dollars upheld by a judge in Queensland.

Kathryn Jane Dank (54) had been employed as a senior secretary by Tabcorp Holdings for many years, and was a respected member of staff when the injury occurred in October 2004. In the process of removing a 12.7 Kg box of photocopy paper which had been left on her desk by delivery men, Kathryn sustained a prolapsed disc injury.

Despite the pain and discomfort, Kathryn continued to work at Tabcorp Holdings limited until February 2005 when the pain became too much for her to bear. After seeking legal advice, Kathryn made an Occupational Health Compensation Claim, stating that she should not have been lifting heavy boxes in the role for which she was employed.

In last year´s hearing at the District Court at Southport, Queensland, Judge Clive Wall QC awarded Kathryn 239,613 Australian Dollars in compensation after finding Tabcorp Holdings Limited guilty of negligence on three counts:-

  • That they failed to instruct Kathryn not to lift heavy boxes
  • That they failed to prevent storemen from placing heavy boxes on her desk
  • That they failed to ensure that heavy boxes were stored at the correct height

Tabcorp Holdings Limited appealed the decision but, at the Court of Appeal, Justice Hugh Fraser stated that Tabcorp Holdings Limited had not established a ground for setting aside the judge’s original decision that the injury was caused by its negligence.