Pulling, Vicki Elizabeth v Yarra Ranges Shire Council [2018] VSC 248

Judgment type: 
Supreme Court of Victoria
Bell J

Pulling, Vicki Elizabeth v Yarra Ranges Shire Council

Judgment Date: 
16 May 2018

WORKERS' COMPENSATION - Stress-related migraine headaches and chest pains - Whether injury arising out of or in the course of any employment - Whether wholly or predominantly caused by management action - Relevance and admissibility of patient's history in medical reports - Whether admissible as exception to hearsay rule as admissible for non-hearsay purpose of providing the basis for medical opinions - Whether properly disregarded entirely on grounds that doctors did not have 'full story' - Proper consideration of causation test in case of mental injuries - Whether magistrate erred in law in rejecting claim for compensation - Whether considered whole of employment and all of its incidents - Whether considered worker's employment over time and her perception of actual workplace stressors - Whether considered whether increased regularity and severity of symptoms represented aggravation of existing injury - Whether considered potential overlap between the injury and its symptoms and consequences - 'arising out of or in the course of any employment', 'mental injury', 'wholly', 'predominantly', 'management action' - Evidence Act 2008 (Vic) s 60(1), Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) ss 39(1) and 40(1)(a), Magistrates Court Act 1989 (Vic) s 109(1).

[2018] VSC 248