NSWRU and referee getting sued

[elementfreak]

Physio sues after onfield collision with players

A Sydney physiotherapist who worked for Manly Rugby Union club says an onfield collision with players left her depressed, unable to care for her young child without suffering pain, and cost her 80 per cent of her income.
Alison Donnan is suing NSW Rugby Union and referee Michael Blair over the incident during a match between Manly and Penrith at Manly Oval in April, 2009, which happened when she was treating an injured player onfield as play continued.
As Mr Blair allowed a free kick, other players "came into contact" with her, causing severe back and neck injuries, Ms Donnan's claim filed in the NSW Supreme Court said.
In personal injury papers before the court, Ms Donnan said she suffered eight serious injuries, including a crushed vertebra, a lumbar injury and trauma.
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She said she suffered from continued disabilities like pain while exercising and caring for her child, difficulty working and travelling, and "loss of enjoyment of life".
Ms Donnan alleged NSW Rugby Union was negligent because it failed to eliminate the risk of injury when she was "lawfully" on the field treating the player, Eddie Aholelei.
Her claim states that Mr Blair was negligent in failing to stop the game when he knew, or ought to have known, that she or Aholelei would be exposed to "a not insignificant risk of serious injury".
The referee was also allegedly negligent in allowing the free kick when an "obviously injured" player was lying on the ground nearby, the documents said.
NSW Rugby Union was responsible for failing to instruct Mr Blair to stop the game immediately when a player was injured, and to only allow play to continue until the injured person and medical staff had left the field, Ms Donnan claimed.
She said her risk of injury was significant because she "was a person of slight build and that she was unprotected and in close proximity to professional male athletes".
Ms Donnan said $30,000 spinal surgery and ongoing consultations with specialists and physiotherapists were among her future out-of-pocket expenses.
At the time, her earning capacity was at least $90,000 a year, but the injury meant she could only return to work one day per week in May 2009, resulting in a loss of 80 per cent of her income, the documents said.
According to her website, Ms Donnan was Manly's head physiotherapist from 1999 and was Tonga's team physiotherapist at the London Olympics.
In its defence, filed to the court, NSW Rugby Union denied negligence or breach of duty of care and denied it was liable for the conduct of Mr Blair or other referees.
The defence said Mr Blair was not asked and did not give permission for Ms Donnan to enter the field and at no time did anyone ask him to stop play.
The documents claimed "contributory negligence" including that Ms Donnan allegedly entered the field without alerting the referee or his assistants and she went on the field "when it was manifestly unsafe to do so".
In Mr Blair's defence documents, he also denied negligence and breach of duty of care.
He said he saw Aholelei on the ground "moving and conscious" only after Manly had taken a tap from a free kick, and that his condition did not appear to be serious.
Mr Blair said he was under no obligation to stop play by blowing his whistle.
Legal parties for both sides have been contacted for comment.


Read more: http://www.smh.com.au/nsw/physio-su...ith-players-20130530-2ndih.html#ixzz2UkI0rEs7

 

[Pfitzy]

Only a matter of time. At suburban level it will also manifest more frequently as the number of quality referees dwindles

 

[Braveheart81]

This is a sad story and certainly based on reading the smh article it would seem like a difficult case for the physio to win.

I guess we'll see what happens.

 

[I like to watch]

Wonder why she is going down this path, and not pursuing her "employer" Manly?
Maybe there is not enough $$ in going down the workers comp route?

 

[JSRF10]

As a member/employee of a rugby club is she not insured against this kind of thing?

 

[Braveheart81]

Wonder why she is going down this path, and not pursuing her "employer" Manly?
Maybe there is not enough $$ in going down the workers comp route?

She's suing for negligence.

Her workers comp entitlements would have been exhausted long ago.

 

[Braveheart81]

As a member/employee of a rugby club is she not insured against this kind of thing?

Not for damages beyond the cost of the healthcare.

 

[Gnostic]

Funny the article quote that she is looking for medical costs as well, unless I read it wrong, which would indicate that the Worker's Comp. part was pursued or was limited.

It should also be noted that the NSW Labour Government put strict limits in Worker's Comp. cases a few years ago as well.

 

[Bruwheresmycar]

It seems as though she is doing OK now. Says she was a physio for Tonga at the 2012 olympics.

Is she trying to raise awareness that the current guidelines don't work? Or does she actually believe the ref owes her money for what happened?

 

[I like to watch]

She's suing for negligence.

Her workers comp entitlements would have been exhausted long ago.

I would have thought she can't have 2 bites of the cherry so to speak.
By that I mean,if she went down the workers comp route initially, would she then be unable to change tack,and pick 2 other targets?
and if she didn't pursue workers comp at the outset,I wonder why?
I am not making any judgements about her claim,it just seems unusual.

 

[Braveheart81]

Funny the article quote that she is looking for medical costs as well, unless I read it wrong, which would indicate that the Worker's Comp. part was pursued or was limited.

It should also be noted that the NSW Labour Government put strict limits in Worker's Comp. cases a few years ago as well.

Workers Compensation payments (whether for medical costs or as a replacement for salary) ends after 12 months unless you're an emergency services worker or a couple of other vocations.

 

[Gnostic]

Workers Compensation payments (whether for medical costs or as a replacement for salary) ends after 12 months unless you're an emergency services worker or a couple of other vocations.

Was that part of the changes made a few years ago? I haven't kept abreast of all the changes.

 

[Braveheart81]

Was that part of the changes made a few years ago? I haven't kept abreast of all the changes.

Most of these limitations were brought in by the Coalition in 2012.

 

[Lindommer]

Without knowing the particular circumstances of this case it'd seem the ref didn't follow the Law of Commonsense: if play looks as if it's going to go anywhere near ancillary staff treating a wounded player he should stop play. A bit sad for everyone the incident happened and things have come to this.

 

[Bullrush]

Stories like this make me miss ACC back home......

 

[yourmatesam]

This has massive ramifications at all levels of the game.

 

[Lindommer]

Let's hope one of the legal advisors at the NSWRU also sees that, yms, and a private settlement's organised.

 

[Inside Shoulder]

Workers Compensation payments (whether for medical costs or as a replacement for salary) ends after 12 months unless you're an emergency services worker or a couple of other vocations.

That is not correct:http://www.workcover.nsw.gov.au/for...ensation-changes-benefits-fact-sheet-3921.pdf
The new regime limits them to 5 years.
It may have a retrospective operation.
She may not have been an employee: she may have been an independent contractor to the club. Often happens because as such she can bill the health insurance of the players she treats.

I would have thought she can't have 2 bites of the cherry so to speak.
By that I mean,if she went down the workers comp route initially, would she then be unable to change tack,and pick 2 other targets?
and if she didn't pursue workers comp at the outset,I wonder why?
I am not making any judgements about her claim,it just seems unusual.

If she was paid compo it will have to be repaid from any damages she recovers: http://www.austlii.edu.au/au/legis/nsw/consol_act/wca1987255/s151z.html

Stories like this make me miss ACC back home..

What's the unfunded liability of that scheme again? $6.5b http://www.treasury.sa.gov.au/CTPgreenpaper/downloads/AustralianLawyersAlliance.pdf

 

[Inside Shoulder]

This has massive ramifications at all levels of the game.

Maybe: High Court delved into this a few years ago.
http://www.austlii.edu.au/cgi-bin/s.../41.html?stem=0&synonyms=0&query=title(agar )

 

[BPC]

I would have thought she can't have 2 bites of the cherry so to speak.
By that I mean,if she went down the workers comp route initially, would she then be unable to change tack,and pick 2 other targets?
and if she didn't pursue workers comp at the outset,I wonder why?
I am not making any judgements about her claim,it just seems unusual.

The workers compensation scheme has certain payback provisions if a person claims damages. Compo is a statutory scheme so is different in kind to court-awarded damages.