Thursday, 18 August 2011 3:59pm

A permanently injured Queensland worker has been awarded nearly $700,000 in damages, after a judge rejected claims that part of the payout should be halved due to the worker's psychiatric disorder and congenital foot deformities.

"A discount of the size contended for by the defendants would place excessive weight on adverse contingencies," Justice Peter Applegarth said.

In October 2006 the labour-hire worker, who was born with a clubbed right foot and no toes on his left foot, fell from a ceiling and sustained permanent spine injuries while demolishing a supermarket coldroom.

He has also suffered from major depression and the aggravation of a pre-existing alcohol-abuse problem as a result of his chronic pain and loss of employment.

The worker claimed damages, and his labour-hire and host employers - Trojan Workforce No 4 Pty Ltd and Street Consulting Pty Ltd - accepted liability.

But the employers contended that damages awarded to the worker for loss of earning capacity should be discounted by 50 per cent, to reflect the "numerous" issues unrelated to his injury that would have affected his ability to work.

Justice Applegarth heard that in 2003 the worker, who is now 46, began to experience pain in his right foot, which made it difficult to walk long distances or stand for a long time.

The worker had also found it difficult over the years to hold down a job because of anxiety and issues with aggression, and had "fallen foul" of employers on a number of occasions.

Eventually his "personality problems" and alcohol abuse led to the "deterioration" of a personal relationship. He breached a domestic violence order, and was jailed.

But Justice Applegarth found that going to jail had a "salutary effect" on the worker.

He found that after he was released and at the time of the work accident he was working up to 70 hours a week, and was "a well-regarded employee with a demonstrated work ethic".

He also found that the pain in his foot had not affected his ability to work.

"Had the accident not occurred the [worker] probably would have continued in gainful employment for most of the next 20 years, if not longer," Justice Applegarth said.

"A number of contingencies may have prevented him from doing so. However, their impact should not be over-estimated, and I consider the [employers'] submission of a 50 per cent contingency does so.

"Overall, I consider an appropriate figure for contingencies is 30 per cent."

The worker was awarded $637,969 for past and future economic loss, pain and suffering and other damages.

McClintock v Trojan Workforce No 4 Pty Ltd & Anor [2011] QSC 216 (3 August 2011)