Lila Prasad v Health Support Services P/L [2012] NSWDC 190

District Court New South Wales

Medium Neutral Citation: Lila Prasad v Health Support Services P/L [2012] NSWDC 190 Hearing dates: 8, 9 August 2012 Decision date: 14 September 2012 Before: MJ Finnane QC DCJ Decision: See para [57] Catchwords: CIVIL LAW - workers compensation - workplace injury - compensation - injury - transverse myelitis - employer's duty to employee - reasonable care - risk of injury - negligence - occupational health and safety - liability - estoppel - res judicata Legislation Cited: Workers Compensation Act 1987 Workplace Injury Management Act and Workers Compensation Act 1998 Cases Cited: Bankstown Foundry v Braistina (1986) 160 CLR 301 Re Waring, Westminster Bank Ltd v Wary [1942] Ch 309 Texts Cited: Spencer, Bower & Handley, Res Judicata, 4th Edition Category: Procedural and other rulings Parties: Lila Prasad (Plaintiff) Health Support Services P/L (Defendant) Representation: Mr D Stanton (Plaintiff) Mr J Dodd (Defendant) Slater & Gordon Lawyers (Plaintiff) DLA Piper (Defendant) File Number(s): 2011/343200

Judgment

Introduction 1The plaintiff sues the defendant for personal injuries claiming that she was injured whilst working for the defendant at the Parramatta Linen Service, a business enterprise of the New South Wales government. 2It is the plaintiff's claim that on 12 March 2005 she received an injury to the back while she was pushing a heavy trolley laden with items that were to be laundered such as bed sheets, blankets and other laundry products. The defendant denies liability and claims that the plaintiff was not injured whilst she was working for it. 3The plaintiff further claims that the defendant is estopped from denying that the plaintiff was injured whilst she was working for it, because, according to the plaintiff, this issue was determined before trial by a decision of the Workers Compensation Commission, which also determined that she had a 33% whole person impairment.