Laundry worker wins payout

Judge orders compensation for shoulder injury

A FORMER laundry worker at Barwon Health is seeking compensation over an injury suffered while pulling gowns from a carousel.

In April 2014, Heather Menzies was pulling a knotted load of gowns when she felt a sharp pain in her right shoulder. She was later diagnosed with tendinitis and subacromial bursitis, and was restricted to light duties until she accepted a redundancy package from Barwon Health in 2015.

However, in the years since, she has struggled to return to full-time work and has complained of persistent pain and ongoing issues with sleep.

The facts around her case were aired in Geelong County Court earlier this year as Ms Menzies fought the Victorian WorkCover Authority to have her injury classified as ‘serious’.

Judge Kathryn Kings this month ruled in favour of the Norlane grandmother, paving the way for her to recover damages for pain and suffering since the incident.

Lawyers acting for WorkCover had been opposing Ms Menzies’ claim, arguing — in part — that her pain and suffering was not “very considerable” as defined under state law. In her ruling, Judge Kings noted Ms Menzies’ shoulder injury was permanent and that it was possible she may require surgery.

She also noted the injury caused her daily pain and contributed to sleeping difficulties, as well as Ms Menzies’ concerns about her future and work prospects.

“I accept that the plaintiff has suffered … consequences,” Judge Kings said. “The plaintiff had a physically active life and her employment has been physical manual work.

“Now she is limited in the hours she can work and the type of work she can perform.

“For a person who has always performed manual work, this is notable.”

Ms Menzies, now 53, had worked at Barwon Health for 13 years before she sustained the shoulder injury. Her role in the laundry meant she was responsible for lifting laundry off a carousel and into baskets.

The court heard she would regularly push heavy trolleys loaded with laundry, and that the work was repetitive and she was required to work at a fast rate.

“The consequences of her shoulder injury have impacted upon her life as she knew it before the work accident,” Judge Kings said. The compensation payout will be decided by Justice Kings on a later date.