Employer found liable for a shoulder aggravation injury

Schafer v Glendale RV Syndication [2022] QDC 263 – Coker J
2 December 2022

Background

The plaintiff suffered a shoulder aggravation injury on 5 January 2017 when working as a chef in the kitchen of a nursing home in Townsville.

The focus of the case was on the plaintiff moving trays loaded with food in and out of steamer ovens and in and out of storage trolleys.

Judgement

The employer was found liable in the matter.

The court concluded that a reasonable system of work would have contemplated that some workers may have pre-existing shoulder degeneration, and found there was a risk of shoulder injury for workers moving trays weighing more than 3kg into the top racks of the steamer ovens, and that providing a step would have minimised the risk.

Damages were assessed at $397,952.93 clear of WorkCover’s statutory refund.

A copy of the judgment is available here.