The Court granted leave to bring a common law serious injury proceeding for pain and suffering and loss of earning capacity damages under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). The sole contested issue was whether the plaintiff suffered a further non-compensable injury at home on the same day as the work injury; the Court found on the evidence — including a contemporaneous physiotherapy record corroborating the work injury and unchallenged evidence from the plaintiff's fiancée — that no such further injury occurred, notwithstanding the plaintiff's admitted fraudulent income protection claim asserting the injury was sustained at home. The defendant's concession that the serious injury thresholds were met if causation was established meant leave followed from the factual finding.
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