Chandler v VWA [2024] VCC 2051
Facts
Mr. Chandler, the plaintiff, suffered a work-related injury to his left knee in October 2018, which led to a fall that exacerbated pre-existing shoulder conditions. He experienced significant ongoing pain in both shoulders, with his left shoulder condition deteriorating over time. Despite extensive treatment, including surgeries, physiotherapy, and pain management strategies, Mr. Chandler's left shoulder pain remained severe, significantly affecting his daily life. His condition led to chronic impairment, including limited range of motion, loss of function, and persistent pain, which disrupted his sleep, social activities, and relationship with his partner. Additionally, the psychological effects of his injury, including an adjustment disorder with anxiety and depression, compounded his physical struggles.
Principles used to come to decision
The decision was primarily based on medical evidence provided by a range of specialists, including general practitioners, pain medicine physicians, orthopaedic surgeons, and psychologists. Key principles included the causal connection between Mr. Chandler’s work-related knee injury and his subsequent shoulder impairments, supported by medical opinions linking the two. The court examined the long-term nature of his left shoulder condition, considering the failure of multiple treatments and the significant impairment in his daily functioning. Psychological impacts were also considered, though the court found the evidence insufficient to meet the threshold for serious injury in terms of the adjustment disorder. Additionally, the court evaluated the long-term prognosis for Mr. Chandler’s physical and psychological conditions.
Decision
The court granted Mr. Chandler leave to issue proceedings for pain and suffering damages in relation to the permanent injury to his left shoulder, which was deemed to be causally linked to the work-related knee injury. However, the court did not find sufficient evidence to support a claim for damages related to the psychological impairment, as it did not meet the narrative test for serious injury. Mr. Chandler’s left shoulder condition, having stabilised with ongoing pain and dysfunction, was accepted as a permanent impairment, significantly affecting his quality of life.
Lessons/New Principles
This case highlights the importance of establishing a clear causal link between an initial injury and subsequent conditions, especially in multi-joint injuries like those involving the shoulder. Additionally, the weight of expert medical testimony is heavy in determining the long-term impacts of an injury.
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