In Apelu v Lusty Tip Trailers Pty Ltd [2024] QCA 158, the Queensland Court of Appeal addressed a dispute involving Shem Apelu, represented by his guardian Caleb Apelu, against Lusty Tip Trailers. The claim revolved around workers' compensation and injury notice requirements following an accident on 19 January 2018 where the appellant sustained a head injury and subsequently developed PTSD and schizophrenia. Although the respondent admitted negligence, they contended that the appellant could not claim damages for schizophrenia as it was not covered under any notice of assessment from WorkCover. The primary judge determined that without a separate notice for schizophrenia, the appellant could not pursue this claim, a decision contested through two grounds of appeal: whether the notice of assessment for PTSD also encompassed schizophrenia, and if schizophrenia constituted a "secondary injury" related to accepted conditions. The Court dismissed the appeal, upholding the primary judge’s conclusion that schizophrenia was not included in the PTSD assessment and that there was insufficient medical consensus to classify it as secondary to the initial injury. The appellant was ordered to pay the respondent's costs.
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