De Bono, Bryan Phillip v Victorian WorkCover Authority [2019] VSCA 85

ACCIDENT COMPENSATION
Victorian Court of Appeal
Judge(s): 
Priest, Beach and McLeish JJA
Parties: 

De Bono, Bryan Phillip v Victorian WorkCover Authority

Judgment Date: 
12 April 2019
Catchwords: 

ACCIDENT COMPENSATION - Appeal - Workplace injury - Serious injury application - Loss of earning capacity - Whether loss of earning capacity consequences were at least very considerable - Whether worker suffered permanent loss of earning capacity of 40 per cent or more - Relevance of failure to undertake rehabilitation or retraining - Judge's reasons - Whether judge's reasons inadequate - Reasons inadequate - Appeal allowed - Matter remitted for rehearing - Accident Compensation Act 1985, ss 134AB(16)(b), (17) and 38(e)-(g).

Citation: