Footage from The Bachelor used in comp claim as hospital claims injured nurse had ‘smooth movements and no signs of discomfort’ on show – despite being awarded $200,000 in compensation for work-related injury
An excerpt from the reality show The Bachelor, starring Locky Gilbert, has been used in a Queensland court over a claim for compensation at work.
Jody Lee Cvilikas, the mother of Bachelor contestant Bec, appeared on the show in 2020 after she injured her left shoulder while moving a mattress at a Sunshine Coast hospital in 2017, reports The courier mail.
Ms. Cvilikas received $196,248 in damages from Judge Melanie Hindman on Monday, even though the footage showed the nurse with “fluid movements and no evidence of discomfort.”
Ms. Cvilikas suffered her injury while working at Nambour General Hospital.
The Sunshine Coast Health and Hospital Service (HHS) used footage from The Bachelor in court to contest the damages.
An excerpt from the reality show The Bachelor starring Locky Gilbert (left, with Bec Cvilikas) has been used in a Queensland court over an occupational injury claim
Jody Lee Cvilikas, the mother of Bachelor contestant Bec, appeared on the show in 2020 after she injured her left shoulder while moving a mattress at a Sunshine Coast hospital in 2017. (Pictured: Jody Lee Cvilikas with her daughter Bec and son Brad on the bachelor set)
Ms. Cvilikas received $196,248 in damages from Judge Melanie Hindman on Monday, even though the footage showed the nurse with “fluid movements and no evidence of discomfort.” (Pictured: Ms Cvilikas with her son Brad during her 2020 appearance on The Bachelor)
The hospital’s lawyers also argued that Ms. Cvilikas had not taken proper precautions, which contributed to her injury.
The footage, which the court saw at the 2022 hearing, showed Ms Cvilikas meeting Gilbert after her daughter brought him home to spend time with her family.
Ms. Cvilikas was seen smiling in the video while talking to Bec and Gilbert. In a scene with a dinner party, she was seen using both hands to brush the fringes of her long blond hair from her face.
In another scene, she used her left hand seemingly strong and fluid.
Judge Hindman wrote in her findings that Ms. Cvilikas showed no signs of pain or discomfort in the images, noting that there appeared to be no pain or “limited movement related to her left shoulder.”
The judge also commented in her findings on Ms Cvilikas’ appearance in court, noting that she was ‘cracking her left arm’.
Ms. Cvilikas suffered her injury while working at Nambour General Hospital. The Sunshine Coast Health and Hospital Service (HHS) used the Bachelor clip in court to contest the damages
The hospital’s lawyers argued that Ms. Cvilikas had not taken proper precautions, which contributed to her injury. Justice Hindman found the HHS negligent, with $196,248 awarded to Ms. Cvilikas for punitive damages and past and future economic losses. (Photo: Mrs. Cvilikas and her daughter Bec)
“After the television footage was played showing smooth movements and use of her left arm (albeit in a situation that did not require any particular effort or strain on the left shoulder) and she was effectively told that she was ‘faking’ her presentation in court I noticed that Ms. Cvilikas’ movements in the courtroom became much smoother,” Judge Hindman wrote in her findings.
Justice Hindman found HHS negligent in its verdict, with the $196,248 awarded to Ms. Cvilikas for punitive damages and past and future economic losses.
However, the verdict also found that Ms Cvilikas had been “negligently negligent” for 25 percent, reducing the total damages awarded.