ARTICLE · 30 OCTOBER 2017

Evidence inconsistencies not enough to stop a compensation claim

Sparke Helmore Lawyers

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The case is an interesting example of a worker's compensation claim where the reliability of the plaintiff is at issue.

AustraliaEmployment and HR

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The decision of Le v Victorian WorkCover Authority [2017] VCC 920 provides an interesting example of a worker's compensation claim, where the reliability of the plaintiff is at issue. The case highlights that applicants with prior drug histories, who fail to disclose such histories, doesn't necessarily mean their evidence is brought in to question. It also raises the point that sometimes credit arguments are best left to damages disputes rather than serious injury applications.

Background
The Plaintiff alleged she suffered an injury to her lower back on 12 December 2013 while working as a cleaner and that, as a result of her injury, she was permanently restricted in the work she could perform.

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