FILIPOVSKI v OGEMI SERVICES PTY LTD and Another

25 VR 316·Buchanan and Neave JJA and Robson AJA
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25 VR 316
25 VR 316
FILIPOVSKI v OGEMI SERVICES PTY LTD and Another Court of Appeal Buchanan and Neave JJA and Robson AJA 24 November 2008, 09 October 2009 [2009] VSCA 230 Accident compensation — Workers compensation — Entitlement — Common law damages — Reintroduction for injury suffered on or after 20 October 1999 — Compensable injury — Aggravation of pre-existing condition — Credibility of worker — Appeal — Adequacy of reasons — Accident Compensation Act 1985 (No 10191) ss 5, 134AB(1), 134AB(16)(b), 134AB(19)(c), 134AB(38), 134AE — County Court Act 1958 (No 6230) s 74(1), 74(3)..

The right conferred by the Accident Compensation Act 1985 (“the Act”) to recover common law damages for compensable workplace injuries which was abolished in 1997 in respect of injuries occurring after 12 November 1997 was restored in 2000 in limited form where a worker could establish that he or she suffered a compensable injury on or after 20 October 1999 which was in itself a serious injury.

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