The recent Supreme Court decision of D'Arcy v The
Corporation of the Synod of the Diocese of Brisbane [2017] QCS
103 found that an employer was liable for failing to train and
instruct a worker how to lift a wheelie walker from the boot of a
vehicle. However, when it came to assessing quantum the Court took
into account surveillance obtained by the Defendant when assessing
the competing medical evidence. Partner,
Robert Tidbury and Senior Associate,
Janine Oberhardt discuss the case and its findings further.
Facts
The Plaintiff, 37 year old Ms D'Arcy, was employed with
Spiritus as a personal care worker. As part of her role, she was
responsible for transporting clients to and from medical
appointments. On 5 October 2010, the plaintiff took a client to an
appointment. That client used a wheelie walker which had been
placed in the boot of the car. When the Plaintiff attempted to
unload the wheelie walker from the car, she suffered an injury to
her back.
