The Chef’s Fight for Justice

Nalin had always loved the rhythm of the kitchen—the sizzle of a hot pan, the sharp clatter of knives against the cutting board, and the rush of sending out dish after dish to eager customers. Working as a chef on Fraser Island, he took pride in his craft. But one day, in the middle of a busy shift, everything changed.

It was 27 March 2021 when the accident happened. A misstep, a sudden jolt of pain—Nalin’s left knee gave way beneath him. He knew something was wrong immediately. The pain was sharp, relentless. He reported the injury to his employer, went straight to the hospital, and soon after, his workers’ compensation claim was accepted.

For months, he focused on recovering, but the injury had forced him to change the way he moved. Since he couldn’t put weight on his left knee, he unknowingly began relying too much on his right knee to compensate. It wasn’t until November 2021 that the pain in his right knee became impossible to ignore. Another trip to the doctor confirmed what he feared: a meniscal injury in his right knee.

Nalin believed this second injury was a direct result of the first one. After all, if he hadn’t injured his left knee at work, he wouldn’t have had to overcompensate with his right. It all seemed clear in his mind—his job had caused both injuries.

But when he applied for workers’ compensation for his right knee, WorkCover rejected his claim. To make things worse, the Workers’ Compensation Regulator upheld the decision, arguing that his right knee injury did not arise out of or in the course of his employment.

Nalin was stunned. How could they not see the connection? How could they dismiss his pain so easily?

He refused to accept defeat. He appealed the decision, taking his case to the Queensland Industrial Relations Commission (QIRC).

The Legal Battle

The hearing was not easy. The Regulator argued that because Nalin had not mentioned his right knee pain when he first went to the hospital, it could not have been caused by his workplace injury. But Nalin stood his ground.

He explained that, at the time, his left knee pain was so severe that he couldn’t even think about anything else. He wasn’t trying to hide anything—he just hadn’t noticed the right knee injury yet. And when it finally became unbearable months later, it was clear to him that it had been a consequence of the original accident.

The Commissioner listened carefully, considering expert medical evidence and using common sense to weigh the facts.

Finally, a decision was made.

The Commissioner found Nalin to be an honest and credible witness. It made sense—his focus had been on his left knee at the time, but that did not mean his right knee injury wasn’t real or work-related. The expert evidence supported his claim, and the balance of probabilities showed a clear causal connection between his employment and the right knee injury.

The ruling?

✅ The Regulator’s decision was overturned.
✅ Nalin’s right knee injury was accepted as a work-related injury.
✅ His employment was found to be a significant contributing factor to the injury.

The victory was bittersweet. It had taken nearly four years to get justice, but Nalin had finally been heard. He had fought for what was fair—not just for himself, but for every worker who had ever felt dismissed or ignored by the system.

And with that, Nalin could finally focus on what mattered most—healing.

*Story based on the case of Wahala Thantrige v Workers’ Compensation Regulator [2025] QIRC 003