Darryl Lawrence Volpe files lawsuit against Lendlease Service for workplace accident at Gladstone workshop

The Gladstone employer has denied the claims in the lawsuit documents and states the employee already had pre-existing injuries.

A Gladstone employer is defending a former employee’s lawsuit over a workplace incident, claiming the Colosseum (near Miriam Vale) man was already injured before the alleged incident took place.

Darryl Lawrence Volpe, now 64, has begun legal action against Lendlease Services, who employed him as a qualified boilermaker at the George Mamalis Drive workshop in Gladstone from 2017 to 2019.

He is suing the company for $695,563.75 for personal injuries from the incident on January 11, 2019.

According to his statement of claim, Mr Volpe was repairing a large metal bin and used a round safety step to sit on.

Mr Volpe claims as he went to stand up, the safety step suddenly slipped out from underneath him and he felt a crunching sensation in his left knee joint.

According to his court documents, this led to a “permanent aggravation” of a pre-existing joint condition in his left knee and a meniscus tear, which required surgery and this has further led to pain in his armpit and shoulder from using crutches.

Mr Volpe alleges the step had spring castor wheels that could not be seen when weight was placed on the step and he had not used the step before.

Victorian firm of DWF Australia has filed a defence on behalf of Lendlease Services disputing Mr Volpe’s claims.

Lendlease argues Mr Volpe was told before the incident he would need a knee replacement and before his employment, he did a job fit medical examination and failed to tell the doctor about his “significant knee condition”.

Lendlease further argues the spring castor wheels were “easily distinguishable” and there was nothing they could have “reasonably done” to prevent the alleged incident.

Mr Volpe’s employment was terminated because he refused to do an employment medical examination as a requirement of return to work, Lendlease has claimed.

The lawsuit was filed with the Rockhampton Supreme Court on behalf of Mr Volpe by Chris Trevor and Associates.

The parties were approached for comment but had not responded by the time of publication.

No offer has been submitted.