In 2008, the appellant worker applied pursuant to s 134AB of the Accident Compensation Act 1985 (“the Act”) for leave to commence proceedings for damages in respect of injuries she suffered in August 2003 when she tripped and fell over bed linen which had been left on the floor by a patient in the aged care facility where the worker was employed as a geriatric nurse. At that date, s 134AB(2) of the Act provided that a worker could recover damages in respect of an injury arising out of, or in the course of, or due to the nature of, employment if employment of that nature was a significant contributing factor, and the injury was a serious injury and arose on or after 20 October 1999.