ARTICLE · 30 DECEMBER 2015

Consistent surveillance defeats a good days & bad days argument in this workers compensation matter

Sparke Helmore Lawyers

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After considering the surveillance, medical and vocational evidence, the Court dismissed the serious injury application.

AustraliaEmployment and HR

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On 18 December 2015, Her Honour Judge Campton of the County Court delivered judgment in the matter of Wishart v Brambles Limited.

After considering the surveillance, medical and vocational evidence available, the County Court dismissed the Plaintiff's serious injury application. Sparke Helmore represented the Defendant in this matter.

Wishart v Brambles highlights the importance of surveillance to demonstrate consistent activities over consecutive days to defeat the usual "good days and bad days" explanation for observed activities on an individual day. The case also highlights the importance of medical and vocational assessment evidence to support the contention that the Plaintiff had a capacity for lighter alternative employment.

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