The County Court granted leave to bring proceedings for pain and suffering damages under s 335 of the Workplace Injury Rehabilitation and Compensation Act 2013, finding that the plaintiff's spinal impairment consequences were at least very considerable. On causation, the Court preferred the opinions of three surgeons (including the defendant's own expert) over the occupational physician's view that the work injury caused only a temporary aggravation of pre-existing degenerative disc disease, finding the work incident was a material cause of ongoing symptoms. The Court noted that a plaintiff's stoic management of pain through exercise rather than medication should not diminish the assessed seriousness of the injury.
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