Victorian WorkCover Authority v Perumal

[2024] VSCA 107

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Accident Compensation
2. › Workplace injury
3. › Serious injury
4. › Leave to commence common law proceedings
5. › Loss of earning capacity
6. › Whether permanent loss of earning capacity of 40 per cent or more
7. › Assessment of capacity for suitable employment
8. › Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 325(2)(c), (e), (f), (g), (j), 335(5)(b)
1. Appeal
2. › Standard of appellate review
3. › Correctness standard
4. › Serious injury application
5. › Whether primary judge's factual findings were correct
6. › Allowance for advantages of trial judge in assessing witnesses
7. › Whether error shown

Quick Take

Medical opinions about potential improvement through rehabilitation programs in workers' compensation cases are assessed in context, including the practical likelihood of such programs being available, and non-specific references to potential improvement do not necessarily undermine a finding of permanent limited capacity.