Australia, Sept. 19 -- County Court of Australia issued text of the following judgement on Sept. 18:

1. Kyle Hurlstone deposed in his affidavit to suffering psychiatric injury in the following way:

"In the process of unloading, the truck/crane driver managed to allow the boom of the crane to come into physical contact with overhead power lines. This completed a live circuit, grounding the crane operator and causing him to suffer a massive electric shock.

The sky lit up with large blue sparks. The crane operator was thrown off the truck. I recall that at least some of the tyres of the truck blew out. The driver passed out. I recall that he was frothing at the mouth with his eyes bulging from their sockets while gasping for air as he couldn't breath [sic].

The other two younger carpenters basically froze. The whole situation was obviously very confronting. I ran over and started to perform CPR on the crane operator. This was made difficult by exhaust fumes blowing onto both of us. I therefore got into the cabin to turn the engine off.

As I then came into contact with the body of the truck, I also suffered an electric shock. I recall being significantly jolted. I was lightheaded.

I gathered myself together as best I could and continued to administer CPR until ambulance officers arrived. I understand they took about 8 minutes to arrive. That 8 minutes felt like a very long time from my perspective. I still recall it as being a very long time to this day."[1]

2. There are two issues in this case. First, whether the psychiatric injury sustained by Mr Hurlstone is permanent. Secondly, and in accordance with paragraph (c) of the definition of serious injury contained in the Workplace Injury Rehabilitation and Compensation Act 2013 ("the Act"), whether it meets the definition of being severe, that is:

"... can the injury, when judged by comparison with other cases in the range of possible impairments or losses, be fairly described at least as "very considerable" and certainly more than 'significant' or 'marked'".[2]

3. In respect of both issues, the Victorian Workcover Authority ("VWA") submitted that Mr Hurlstone's evidence was inconsistent and contained embellishment which, if stripped away, would result in a finding that Mr Hurlstone's injury was not permanent and certainly did not meet the statutory test of being severe.[3]

4. For the reasons which follow, I find that Mr Hurlstone has given evidence which, save for minor inconsistencies, was both powerful and reliable. Acceptance of that evidence leads to my finding that Mr Hurlstone has sustained a permanent injury which can be described as a severe mental or behavioural disturbance or disorder within the meaning of paragraph (c) of the definition of serious injury.

Brief background facts

5. Mr Hurlstone was born in July 1998.[4] He left school and began a carpentry apprenticeship which he completed.[5] He then started work with BNA Constructions Pty Ltd ("BNA") in October 2015, working as a carpenter.[6] He worked full time and this meant working more than thirty-eight hours per week.[7] He was otherwise an active man, enjoying Australian rules football, motorbike riding and, during winter, snowboarding.[8] The relevant injury occurred on 12 April 2021.[9] Mr Hurlstone was employed as the leading hand on the site and was there with two young carpenters.[10] The circumstances of what happened are set out above in the introduction. It is sufficient to note that the VWA accepts it was a traumatic incident and that Mr Hurlstone has sustained injury of a psychiatric nature arising from it.[11]

6. Mr Hurlstone returned to work the next day. He then went to see his treating doctor on 15 April 2021.[12] Thereafter, he worked on, but towards the end of that year he made a WorkCover claim.[13] He then returned to his treating doctor on 14 January 2022.[14] The doctor noted that he had "PTSG [sic] features" - I take this to mean PTSD.[15] At this stage, no referrals or medications were prescribed.[16] He was seen again by his treating doctor on 16 February 2022,[17] requesting a referral to a psychiatrist for a mental health assessment. He was noted at this stage to have flashbacks. He was referred on to a group called OPTIMIND. Nothing appears to have happened. Mr Hurlstone's evidence is that he was struggling at work.[18] Part of this was to do with rumination on the incident, clear flashbacks involving vivid memories of the driver's face and feeling very angry about the circumstances of the accident. Mr Hurlstone describes this as:

"... I ended up in a very dark place indeed.

I became highly anxious and emotional. I was experiencing vivid memory flashbacks. I could still feel a genuine sense of fear. I could then become sad and teary. I still suffer those problems to this day."[19]

7. In that situation, Mr Hurlstone left BNA, as he considered he was not coping.[20] He then set up his own business and began working as a subcontractor. He consulted with the psychologist, Ms Miriam Latif during this time. It appears that he saw her for some six sessions, commencing on 16 May 2022 and ultimately concluding on 7 November 2022. She considered that he was improving during her care. At the time she discharged him, she was of the view he did not need further treatment. Mr Hurlstone's evidence in this regard was that he found treatment with her unhelpful and so did not continue with her. He disputed the fact he had been improving and in fact stated that, at the start of 2023, he was in such a bad way that he sought to go back to see her.[21] Due to her unavailability, however, he came to see another psychologist, Mr Errol Akyalcin, who he commenced to see in March 2023 and has continued to see every fortnight since then.[22]

8. Mr Hurlstone has otherwise continued operating his business as a subcontracting carpenter.[23] He employs three apprentices and one qualified tradesman.[24] He normally works ten to thirty-five hours per week.[25] In early 2022 he commenced a relationship with his partner and they now live together.[26] He is actively involved in playing football and on occasion still rides his motorbike.[27]

9. He takes no medication and has not sought referral to a psychiatrist.[28] His only form of medical treatment is by way of fortnightly consultations with Mr Akyalcin.[29]

*Rest of the document and Footnotes can be viewed at: (http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCC/2024/1435.html)

Disclaimer: Curated by HT Syndication.