Herald Sun
March 17, 2010
A MAN who will never work again after performing labour normally reserved for a crane has been awarded $1.1 million in compensation.
Dong Pham, 31, sustained severe back injuries from his work as a labourer at a factory in Scoresby, in Melbourne's outer east.
His lawyer, John Karantzis, told AAP the man's complaints to his boss at the Stramit factory were ignored and he was told to continue his duties lifting off guttering parts from a conveyor belt.
In 2003, Mr Pham was forced to stop work due to constant lower back pain and has been unable to work since.
A unanimous Victorian Supreme Court jury decision awarded Mr Pham $817,395 for pecuniary loss and $250,000 for pain and suffering.
"This is a massive payment," Mr Karantzis said.
"The medical evidence that he would never work again was not challenged at all.
"He had to have a spinal fusion to his back which failed. He now walks with a cane and suffers ongoing pain."
An engineer told the hearing a crane could have done the work Mr Pham was required to complete.
The Stramit factory in Scoresby closed in late 2009 but it is yet to be decided whether any action will be taken against its former directors.
Stramit Building Products, which has factories all over Australia, manufactures roll-formed steel building products, including roof and wall cladding, guttering, fascia, purlins, flooring and structural formwork.
WorkCover payments of $180,000 already paid to Mr Pham since he stopped work will be deducted from the total compensation amount.
Mr Karantzis said medical expenses would continue to be paid by WorkCover for the rest of Mr Pham's life.
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