DAMAGES — compensatory damages assessed at $871,284 — judgment for plaintiff in the assessed net sum of $315,438.30 after offset of past weekly workers’ compensation payments of $555,845.70
Quick Take
1Medical notes prepared for treatment purposes do not constitute verbatim transcripts of patient consultations and should not be used as the primary basis for a credit attack on a plaintiff's factual evidence, following Mason v Demasi [2009] NSWCA 227.
2Expert medical opinions that amount to unexplained ipse dixit assertions, or that are formed without the assistance of an interpreter where the plaintiff has limited English, may be rejected as inadequately reasoned under UCPR Schedule 7, clause 3(1)(e), applying Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705.
3The continued payment of weekly workers' compensation over an extended period, combined with evidence of day-to-day direction and control by a site foreman, supply of materials by the company, and coverage under the company's workers' compensation insurance, may support a finding of an employment relationship rather than independent contracting, applying Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 and Hollis v Vabu Pty Ltd (2001) 207 CLR 21.
