Worker’s pain claim win

Ex-Barwon Health nurse can pursue WorkCover

A FORMER Barwon Health nurse claims she has sleepless nights and lives in constant pain after allegedly suffering a serious back injury while caring for dementia patients.

Cate Ann Johnson has been given the green light to pursue the state’s public workplace insurer for damages for pain and suffering after a judge found she suffered injury while employed by Barwon Health.

County Court documents state the 53-year-old lived a fit 2010/11. It’s feared the yet-tobe-released data for the current financial year will topple 2018/19’s record number of hospitalisations.

Eight cyclist deaths have been recorded on the state’s roads so far this year, and 18 in the past 12 months. It’s a worrying increase on the total of 11 fatalities in 2019, and the seven in 2018.

But while more cyclists are being injured on Geelong’s roads, the region this month celebrated three years since a cyclist was last killed on our roads. Six cyclists have died on Geelong roads during the past 10 years.

Maurice Blackburn road injuries lawyer Rebecca Eagles, who is assisting Mr May with his claim, said it was vital for road users to slow down, obey road rules and avoid taking risks.

“Cyclists are much more vulnerable than people driving vehicles, making them far more likely to suffer serious injuries or even death if something goes wrong,” Ms Eagles said.

“As a personal injuries lawyer, I represent many cyclists and other road users whose lives have drastically changed and healthy life before sustaining a serious back injury that left her in constant pain and in need of strong medication like endone.

Judge Katherine Bourke this month granted Ms Johnson leave to bring proceedings against WorkCover, finding she had lived with pain for at least seven years.

In her preliminary findings, Judge Bourke noted the plaintiff was working at Blackiston after they’ve been involved in a crash, and in most cases, the collisions were totally avoidable.”

May has a unique view on how best to protect cyclists, having spent 40 years as a bus driver and also averaging about 500km a week on his bike in the years before the accident.

It’s as simple as showing a little respect, he says, particularly for those drivers and cyclists who are frustrated with one another on the roads.

“It is on both sides,” he says, pointing to some drivers not allowing the required 1.5m between them and cyclists, and to some on bikes straying too close to traffic to avoid debris built up on roadsides.

“For the drivers that have a thing about cyclists taking up the road, maybe they should stop and think if it was their husband or wife or child that got hit, what would they go through? And the same for the cyclist, get off the edge of the road, it’s not worth it, it’s better to have a bloody flat tyre than to end up in hospital.

“Lives get changed.”

A TAC “Towards Zero” campaign calls for drivers to

Lodge in 2013 where she completed hands-on work that regularly involved having to “manhandle” residents who suffered from dementia.

“Some were quite aggressive and they often threw themselves on the floor and were resistant to care,” the preliminary findings stated.

“Her duties included showering, dressing and toileting residents, turning them over in bed, putting them to bed and slow when passing cyclists and give them at least 1m space in zones up to 60km/h, and 1.5m in faster areas.

Cyclists are also asked to follow the road rules and keep 1m from the side of the road, to wear visible clothes and use bright front and rear lights, and to plan their routes in advance to pick the safest option.

Drivers and cyclists alike are given the same tip: “Be respectful, share the roads.”

Strickland shares Mr May’s views on the value of respect between motorists and cyclists, after he was also hit by a car that failed to give way in East Geelong last October.

The car clipped his rear tyre, sending him crashing to the unforgiving bitumen below. Mr Strickland suffered four broken ribs, internal bleeding from a resultant haematoma, and severe bruising.

He managed to ride home, but was in shock, and was soon rushed to hospital where he spent four days in the Intensive Care Unit.

“It never should have happened. I was wearing high-vis clothing and my white helmet mobilising them after surgery.

“While the employer had slide sheets and lifting machines, they were not always practical to use, and it was common practice to make a judgment call to lift without the use of equipment. Also, it was a particular problem when staff had to lift difficult residents off the floor.”

Defence counsel acting for WorkCover argued the injury was not sustained while Ms and had front and rear flashing lights on my bike, so I can’t understand how the driver didn’t see me,” the 74-year-old retired civil engineer and TAFE lecturer said.

“It’s put me through significant pain, suffering and misery and I’ve gone from someone who was very active cycling and going to the gym regularly, as well as playing the occasional game of golf, to someone who is now nowhere near as active.

“Bike riders and vehicle drivers need to be road safety conscious and respect each

Johnson was working at Barwon Health.

But Judge Bourke found that while Ms Johnson never reported suffering an injury to her employer, she did tell her workmates and her boss.

“She did not tell them it was caused by work, she just mentioned she suffered some sort of back pain recently and it was quite sore when she was working,” Judge Bourke found.

The judge agreed that Ms other’s right to ride and drive on the road.

“Additionally, safety technology, already available on many vehicles such as forward collision mitigation and emergency breaking, blind-spot warning signals and ultrasonic cross traffic alert, would be invaluable in reducing injury and death and all the pain and suffering.” he added.

“The simple fact is we all need to look out for other people so no one gets hurt because the consequences can be lifechanging.”

Johnson suffered constant pain that she self-medicated with a high level of alcohol.

“As a result of her pain and these restrictions, the plaintiff has been unable to return to hands-on nursing, save for two short-lived unsuccessful attempts,” Judge Bourke found.