A former Queensland Woolworths supermarket employee will receive more than $600,000 as a result of injuries he sustained while at work.
Michael John Perkins, a grocery and back dock assistant, was working for Woolworths when he injured his back while using a "walkie stacker" in 2011.
Cairns District Court was told Mr Perkins, now aged 30, suffered a debilitating lumbar disc protrusion, surgical scarring to the midline of the lumbar spine and an adjustment disorder with depressed mood.
Mr Perkins attributed the injuries to "awkward, persistent and arduous loading dock work" using a walkie stacker while working at Woolworths.
A walkie stacker is a walk-behind forklift machine used for lifting and moving pallets.
Mr Perkins was responsible for working on the back dock, which was used by delivery trucks to park before stock was unloaded by staff.
He said the walkie stacker had a side shift function where the tines - or prongs - could be moved sideways to lift and adjust an off-centre pallet, but Woolworths' lawyers disputed that during a trial.
On various dates during September, October and November 2011, Woolworths' walkie stacker did not work, with a replacement machine hired.
The hired walkie stacker did not have an extender reach function or a side shift function.
Mr Perkins alleged that he and other dock workers used a steel bar to shift and manoeuvre pallets while using the hired walkie stacker.
During the trial, Mr Perkins said he did not receive any training and found out about the steel bar because: "I come in one day and seen that the other guy was using it and doing it that way".
Woolworths disputed Mr Perkins' allegations of complaining about needing to lever but admitted it did not have a system of work involving the lever so did not carry out a risk assessment.
The company's lawyers argued there was no need for the levering as they said there was a safe way to load pallets.
Woolworths argued Mr Perkins' injuries were caused by an unrelated use of a stepladder or by his work as a plumber, they said was evidenced by him going to a doctor on December 12, 2011 - almost a month after he quit.
Mr Perkins said when he used the hired walkie stacker before his injury, he experienced low back pain daily from about October 2011, especially at night, which usually resolved by the morning, sometimes with the use of non-prescription medicine.
He said on November 3, 2011, he experienced pain in his lower back and down the back of his right thigh.
"He recalled feeling these symptoms when, after doing dock work using the levering task, he stepped down from a ladder inside the store whilst assisting a customer," the judgment said.
The court heard Mr Perkins had strained workplace relations with managers and received a poor performance review, resigning on November 18. It followed an earlier positive performance review he received in September 2011.
He then worked in a supervisory role with light duties for a plumber for a short time before stopping all work due to permanent incapacity.
Woolworths argued Mr Perkins did not report an injury to the company or a doctor for four-and-a-half months.
But Judge Dean Morzone said while evidence of complaints was often relied upon to bolster a plaintiff's credit, the mere fact, or absence, of a complaint did not prove or disprove anything.
Mr Perkins also said during cross-examination that he initially did not think his symptoms were serious and he was worried he might lose his job.
Even in December 2011, he was focused on "getting better, mate, and getting back to work".
Judge Morzone accepted Mr Perkins suffered an onset of back pain radiating down his leg from November 3, 2011, which worsened, radiating further down his leg, as he attempted to keep working.
"It seems to me that his conduct is entirely consistent with an injury sustained in the employ of the defendant and with the claimed mechanism of injury," Judge Morzone wrote.
"His credit was bolstered by a timely complaint to a co-worker and a prospective employer."
Judge Morzone concluded it was more probable than not that Woolworths' negligence in allowing Mr Perkins to use the lever with the hired walkie stacker caused his back injury, including radiating leg pain.
He was satisfied that Mr Perkins was unable to work in his current state and his earning capacity was reduced.
Mr Perkins said he suffered constant back pain, equating the feeling to being "stabbed in my lower back and down my right leg".
Long periods of sitting, standing, bending, lifting and other physical activities made it worse.
Woolworths was ordered to pay Mr Perkins $650,645.38 and failing an agreement to the contrary or an application by either party within 30 days, was ordered to pay his costs.
Items included in the damages:
- $31,450 for general damages, taking into account Mr Perkins' spine and psychiatric injury;
- $186,900 for the reduction in working capacity resulting in past economic loss, given he was unemployed for about 267 weeks;
- $6915.32 interest on past economic loss;
- $16,821 for past superannuation loss;
- $375,000 for future economic loss, given was commercially unemployable at the time, and the judge thought he would be limited to more sedentary work and duties ideally in building and plumbing;
- $41,250 for future superannuation;
- $14,000 for future expenses;
- $49,380.66 for special damages;
- Deductions were made for WOW Care refund.
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