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Coles shopper loses battle for compensation in court after slipping on lettuce

Coles shopper loses battle for compensation in court after slipping on lettuce

A Coles shopper has lost her court battle for compensation after she slipped on a piece of lettuce at the supermarket and claimed the fall caused her knee and spinal injuries.

Kanwaleen Bhelley claimed that she suffered a whole person impairment (WPI) of more than 5 per cent following the incident at a Coles store in the suburb Wyndham Vale in May 2020.

The Melbourne woman had told a medical panel that the lower back injury meant she experienced pain after driving for an hour and did not run out of “fear” of her knee and back becoming “painful”.

She said the spinal injuries had also “reduced her attendance at concerts, general socializing, and attendance at her temple, which requires long periods of sitting”, the court judgment noted.

She sought compensation from Coles after supplying a medical report from a sports physician. But the supermarket giant rejected the report and referred the matter to a medical panel who determined Ms Bhelley’s injuries did not meet the threshold required for compensation.

Instead, the panel found Ms Bhelley had suffered age-related degenerative changes to her spine and sacroiliac joints which was associated with rehabilitation treatment of her right knee.

“She can stand for about 10 minutes before she has to stretch her back,” the panel wrote in its report.

“She can walk for about 30 minutes, (but) after about 500m she notices mild right knee pain, so stops walking to sit or stand for about 10 minutes. She can traverse stairs without difficulty, using alternate stair treads for both ascending and descending, with no lower back or right knee issues.”

The panel also ruled her condition was stable.

The 43-year-old then lodged an appeal taking her case to Victoria’s Supreme Court, alleging the panel did not apply or misapplied the guidelines used to determine her impairment.

“Mrs Bhelley submitted that, absent such error, the panel would have determined that her degree of whole person impairment resulting from her spinal injury was 5 per cent, satisfying the significant injury threshold and in turn entitling her to claim non-economic loss damages, ” the judgment read.

But Judge Andrea Tsalamandris handed down her ruling on Friday finding the panel had not erred in its assessment and dismissed her appeal.

However, she acknowledged that Ms Bhelley could still experience pain or symptoms.

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Entertainment

Olivia Newton-John’s final wish to have ashes scattered in Byron Bay

Olivia Newton-John's final wish to have ashes scattered in Byron Bay

Olivia Newton-John revealed exactly what she wanted to happen after her death in an interview filmed before she passed away.

In a never-before-seen interview which aired during Seven special Spotlight: Olivia – A Magical Life on Sunday night, the Australian entertainment icon explained that she wanted some of her ashes scattered in Byron Bay, some at her property in California and “in other places I love”.

The ashes of Newton-John’s late mother and sister were also scattered in the popular coastal northern NSW town, where the actress owned a property until last year.

“I don’t think I’ve really thought about it that deeply. We all should,” Newton-John said in the previously unknown footage.

“But I’d like to be with them, I’d like to be with them… that would be nice.”

Newton-John, whose starring role in grease in 1978 made her world famous, died at her ranch in California last week following a long battle with breast cancer.

She was first diagnosed with the disease in 1992, but it went into remission before it reappeared in 2013 and then again in 2017.

The Seven special also featured tributes from some of her oldest and closest friends, including Sir Cliff Richard and Bee Gees legend Barry Gibb, who described her as “a diamond”.

“And in this world there’s only a few diamonds,” he said.

“There were all these wonderful female artists and then there was Olivia Newton-John.”

Newton-John’s heartbroken family have accepted the offer of a state funeral from Victoria’s state government, with Premier Daniel Andrews confirming the news last Thursday.

“This will be much more of a concert than a funeral, I think it will be a celebration of such a rich and generous life,” he said.

“Olivia Newton-John was a very special person and to take her cancer journey and to turn that into more research, better treatment, better care and this focus on wellness, is such an amazing legacy and that’s why I think we all feel the pain of her passing.”

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Sports

transfernews; Cameron Munster future; player signings, Wayne Bennett Dolphins; Latrell Mitchell; Roosters salary cap, Angus Crichton re-signs

transfernews; Cameron Munster future; player signings, Wayne Bennett Dolphins; Latrell Mitchell; Roosters salary cap, Angus Crichton re-signs

Cameron Munster may soon be headed north with Wayne Bennett reportedly closing in on his marquee man.

Meanwhile, the Roosters have reportedly locked in a key forward after months of speculation surrounding his future.

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DOLPHINS NEW MARQUEE TARGET

Rugby League reporter Ben Dobbin believes Cameron Munster is set to sign a four-year deal with the Dolphins which would make him the highest paid player in the NRL.

“Munster is a Dolphin, in 2024 I think Munster is a Dolphin,” Dobbin said on Triple M.

“I think it will be a four-year deal,” Dobbin said.

“So that will be roughly around $6 million?” Gorden Tallis then asked.

“Is he worth it? Yes, can he change the fortunates of a club? Yes he can,” Dobbin said.

“Can you put tools around him and will it attract other players? Yes it will.”

While strong in his belief Bennett has his man, Dobbin revealed Bennett could make an audacious bid to lure Latrell Mitchell to Redcliff if the Munster bid fails.

The NRL supercoach mentored Latrell during 2020 and 2021, coming desperately close to a premiership last season.

“If they don’t get Cameron Munster, I’m going to throw you a smokey right now. I believe they will go after Latrell Mitchell… Wayne Bennett’s relationship with Latrell Mitchell runs deep,” Dobbin said on Triple M.

Tallis, however, believed Latrell Mitchell has his roots firmly placed at the South Sydney club, explaining he is the “happiest” he has ever been.

“It is too far away from his farm, I think for Latrell, there is a bigger picture for him,” Tallis said.

“I have never seen a guy more settled and going back to the country and doing what he is doing, that is more important to Latrell now than money.

“I think he is the happiest (he has been).”

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CRICHTON’S FUTURE SECURED

Roosters gun Angus Crichton has revealed his is set to re-sign with the Tricolours, ending speculation surrounding his immediate future.

Initially, the 26-year-old’s two-year contract extension was said to be a handshake deal with no formal contract being registered with the NRL.

Crichton himself acknowledged the speculation has been “tough” but never considered playing for any other club.

“I think we are really close to finalizing something, so hopefully in the next little bit I will sign on for the next two years,” Crichton told 9News.

“It has been tough to have that hanging over my head and to get it sorted will be a massive weight off my shoulders.

“I don’t want to play for any other team.”

Reports linked the Origin backrower to a move to the Tigers with the Roosters’ salary cap facing a big squeeze.

The Daily Telegraph’s Buzz Rothfield revealed the immense cap pressure the Tricolours are under, with seven of the competition’s highest paid players on their books.

“In 2022 they have got Tedesco on $1.1m, Luke Keary on $850,000, Joseph Manu ($720k), Jared Waerea-Hargreaves ($700k), Angus Crichton ($700k), Sio Siua Taukeiaho ($625k) and Victor Radley ( $510k) for a total of $5,205,000,” Rothfield said on NRL360.

With the impending arrival of Brandon Smith and an increase in salary for young gun Joseph Suaalii, Roosters bosses now have to squeeze the remaining 21 players into what is left of their salary cap.

The departure of Ronald Volkman, Freddy Lussick, Daniel Suluka-Fifita and Lachlam Lam has opened cap space.

Sam Verills and Siosiua Taukeiaho are also set to leave at the season’s end, meaning the Roosters could have even more money to re-sign players for 2023 onwards.

Matty nails Buzz impersonation | 00:51

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Sports

NRL Rich 100 2022: Props overtake playmakers as rugby league’s best-paid players

NRL Rich 100 2022: Props overtake playmakers as rugby league's best-paid players

Jesse Bromwich is the highest paid prop in the game with the front-rower leading a clear attitude shift over how much props should be paid.

In a game-changer for the code, the front-row position is now the highest-paid position in the NRL.

The second highest-paid prop is Roosters recruit Matt Lodge on $900,000. A portion of his current salary is being paid by former clubs, the Warriors and Broncos.

From the Rich 100, 26 of the top-earners are front-rowers.

The next best grossing position across the NRL is back rowers (15) and locks (14).

Halfbacks (10) are ranked fourth overall for position in the 2022 Rich 100, a possible insight into the death of quality halves currently in the NRL.

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Bromwich’s $1.05 million salary with the Melbourne Storm will shock league fans, who routinely rate Penrith’s James Fisher-Harris, Eels prop Junior Paulo, Broncos spearhead Payne Haas or Roosters powerhouse Jared Waerea-Hargreaves as the best go-forward merchant in the NRL.

Climbing from a 53rd ranking on the Rich 100 last year to be 13th overall this year, Bromwich has hit pay dirt in his final year in Melbourne on the back of a stellar career at the Storm which has included three premierships and three Player of the Year awards.

The Kiwi International and Storm captain is edging closer to 300 first grade games in what is his final season in Victoria before moving north to become an inaugural franchise player with The Dolphins.

The 33-year-old will take a major pay cut to join the NRL’s newest baby, but could still figure inside the top-50 highest-paid players next year.

The stunning increase in salaries for props is in direct contrast from a long-held view of supercoach Wayne Bennett, who historically refused to spend big-money in his pack.

Lodge has landed at the Roosters for the remainder of this season on a cut-price deal, although his full salary continues to be supplemented by payouts from both the Brisbane Broncos and New Zealand Warriors, the latter of whom have paid him out in full for next season.

Lodge is hoping to earn an extension with the Roosters.

A mainstay of the Rich 100, the next highest-paid prop is Andrew Fifita, who will farewell the list at the end of this season.

The off-contract Sharks prop is in the final year of a five-year contract that is valued at $850,000 a season.

His current overall ranking of 19 on the Rich 100, is shared with fellow front-rower Addin Fonua-Blake.

The Warriors scored a coup when they managed to get Fonua-Blake from Manly for the 2021 season.

He was already one of the game’s premier props when he arrived at the Warriors and he continues to lead from the front for a side that has faced plenty of recent adversity.

Locked in until the end of 2026, Fonua-Blake’s challenge will be delivered upon his worth at the back-end of his contract.

Knights prop David Klemmer is the next highest-paid prop. He is ranked 28th overall on the Rich 100 on a salary of $850,000.

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Sports

RIP Paul Green: High school sweetheart’s heartbreaking tribute, NRL news 2022

RIP Paul Green: High school sweetheart's heartbreaking tribute, NRL news 2022

Paul Green’s high school sweetheart has shared a heartbreaking tribute to the former rugby league coach after his tragic death rocked the NRL community this week.

The 49-year-old was found dead at his Brisbane home on Thursday morning, the day after his son’s ninth birthday. It has been confirmed he took his own life from him.

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The Courier Mail reports Green called his friend and longtime manager George Mimis at 4.30pm on Wednesday to speak about his son’s birthday celebrations.

The News Corp publication also reports the footy legend’s wife Amanda found him unresponsive at their home after returning from doing pilates at the gym.

Green’s death comes 11 months after he was sacked as head coach of the Maroons following Queensland’s loss in last year’s State of Origin series, which included a 50-6 win for the Blues.

Speaking on Gold Coast’s 92.5 Triple M Breakfast show, radio announcer Ali Plath fought back tears while grieving the loss of her first love.

“My heart is breaking today for his wife Amanda and his beautiful kids and obviously his parents, and his four siblings,” she said.

“Paul and I went to high school together, he was my first love. You only get one first love.

“We were together when I was in Year 12 for a year and then we split up. I had kids with (former partner) Mark and when that didn’t work out, Paul and I got back together.

“We then did nine years of on-off, long-distance, de facto… I guess we were that couple that I think our family and friends were so much happier than we were when we finally split up.

“Paul was a wonderful stepdad to my two older kids Jesse and Jake when we all lived in Sydney together when I finally had the courage to move them.

“For him to swallow his pride and I guess take my kids under his wing, I really didn’t appreciate how big that was at the time. It’s a big responsibility taking on someone else’s family.

“Paul was extremely loyal, he was highly intelligent — even though I used to tell him I was smarter than him. When I was in Year 12, he was two years older than me, and he was getting up for not doing my schoolwork.

“He just had such a great sense of fun as well as being so capable. If Paul said to you, ‘I’m going to be a pilot’, (you knew) he was going to be a pilot. And he did – he was a commercial pilot.

“My mum let him take me to Hervey Bay in this mosquito airplane when he was doing his training. That’s how capable Paul was. You trusted him, you knew he could do it, I never doubted him.

“He was just one of those people who you knew you could rely on. (As an NRL player), he was one of those players you could count on and he would give his all of him.

“I can’t believe that he’s done this, I can’t believe this has happened.

“That’s not Paul. I’m actually in complete and utter shock. I only spoke to him a couple of months ago.

“It’s horrible.”

Meanwhile, Green’s family is still coming to terms with the footy legend’s passing and revealed plans for a celebration of his life.

Green’s brother Rick told The Sunday Mail the family had come together to plan a public funeral, expected to be held August 23 or 30 at Kougari Oval, the home of the Wynnum-Manly Seagulls, a team Green both played with and coached to premiership glory.

But Rick also revealed the family was struggling to come to terms with the enormous loss.

“Everyone is feeling overwhelmed,” he told The Sunday Mail.

“There’s certainly a lot of stories that we’re sharing about our times with Paul but as we reflect on those good times, there’s a great sadness at his passing.

“It’s still very raw and difficult to process.”

The family had earlier released a statement after the news broke of Green’s death.

“Today we are devastated,” the statement began.

“We have lost a devoted husband, loving father and wonderful brother and son. We cannot find the words that would come close to expressing our feeling, however we would like to extend our thanks to those who have reached out to us with their love and support.

“Paul was loved by so many and we know that this news will generate immense interest, however at this time we ask for privacy.

“Our family is still trying to understand this tragedy and we request space and time as we come to terms with this loss. Thank you.”

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Sports

AFL news 2022: Essendon Bombers torn to shreds after capitulation vs Port Adelaide

AFL news 2022: Essendon Bombers torn to shreds after capitulation vs Port Adelaide

Port Adelaide ended a turbulent week with a statement win against Essendon at Marvel Stadium by 84 points.

The Power kicked nine goals in a row, including seven in a second-quarter onslaught, to put an at times insipid Essendon to the sword and condemn the Bombers to their biggest loss of the season.

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It was an emphatic response from Port, whose embattled coach Ken Hinkley was given assurance during the week from club president David Koch that he would remain as coach in 2023, after losing its past four games.

Essendon recorded several unwanted milestones including coach Ben Rutten’s biggest-ever defeat — his most points conceded as Bombers coach and Essendon’s second-biggest loss against the Power.

Rutten slammed his side’s “embarrassing effort” after fans booed players from the ground.

On the Fox Footy coverage, a spectator was overheard screaming: “This is f***ing embarrassing.”

Former Port Adelaide star Kane Cornes told SEN: “Essendon is just been a nice team. At not one point today has someone thrown their weight around. They’re too nice, and that’s been on full display this afternoon. Not one Port Adelaide player will be sore after this game.”

After announcing a record number of members during the week, Rutten apologized to Essendon fans.

“We’re bitterly disappointed,” he said.

“It was the sort of game that our members and supporters who came to the game or were watching on TV… it’s not the sort of thing they should have to watch.

“It was an embarrassing effort from our guys. It’s not something we want to stand for and not something our members and supporters should have to watch at any stage.”

Rutten said he couldn’t put his finger on where it fell apart for the Bombers, who had the better of territory and seven shots to five in the first quarter.

But from there it was all the Power, who slammed on 18 goals to six.

The Essendon coach said while the result wasn’t acceptable, it didn’t shake his belief in where his side is going.

“At the back end of the first quarter we got ourselves back into the game,” Rutten said.

“But from the second quarter it was really poor.

“It doesn’t shake my belief in where we’re going. It’s not a great result in terms of tonight’s performance.

“It’s about us being strong and clear on where we’re going and what we’re trying to build because it’s never going to be a clean progression in becoming a great team.

“Performances like that is not stuff we can accept or tolerate, and we won’t.”

Rutten stopped short of saying whether he would give his players a chance to bounce back next week against Richmond or if there would be wholesale changes, but said everyone connected to the side felt the loss.

“It hurts me, it hurts the players and everyone who is putting in to get us to where we want to get to,” he said.

“I’ll have to have a look at that (making wholesale changes).

“The good thing is there is one week to go for us and an opportunity for us to finish the year playing a brand of footy the way we want to.”

Michael Hurley took another step towards an AFL return by getting through a VFL game on Sunday, and Rutten hinted the veteran swingman could play his first game in more than two years.

“That’ll be a discussion point for us, he got through the game at VFL level, that’s certainly something we’ll be looking at,” Rutten said.

Read related topics:Adelaide

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Australia

Richard Marles reaffirms Australia’s commitment to the one-China policy and ‘stabilising’ Canberra-Beijing relations

Richard Marles reaffirms Australia's commitment to the one-China policy and 'stabilising' Canberra-Beijing relations

Richards Marles has reaffirmed Australia’s commitment to the one-China policy as Canberra moves towards “stabilizing” its relationship with Beijing.

Speaking with Sky News Australia’s Kieran Gilbert on Sunday, the Defense Minister and acting Prime Minister said Australia’s main motive was to see a “de-escalation of tensions” in the region.

“What we want to see is a return to normal peaceful behavior which underpins that, from Australia’s point of view, is not wanting to see any unilateral change to the status quo across the Taiwan Strait,” he said.

“That means we have a one-China policy that’s been the status quo in Australian policy, and indeed for the United States and other countries, for a very long period of time.”

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Under Australia’s version of the one-China policy Taiwan is acknowledged as a province of China and is not recognized as its own country, however, the policy allows for unofficial contact including visits from MPs on parliamentary delegations.

Mr Marles said he did not believe Australia’s stance on Taiwan would hinder the repair of bilateral relations between Canberra and Beijing but said he wanted to see the relationship in a “better place”.

“We talk about a stabilizing in the relationship and in doing that we acknowledge there are going to be challenges in the relationship with China,” he said.

“What we have sought to do is really change the tone in the way in which we are engaging with the world but that includes the way in which we engage with China.

“We’re not going about things with chest beating we are really trying to speak with a considered voice in a manner which is professional, which is sober, and which is diplomatic.”

Beijing ended diplomatic communications with Canberra in January 2020 and slapped sanctions on barley, beef, wine and other goods after then-prime minister Scott Morrison called for an inquiry into the emergence of COVID-19.

He said the Albanese government’s approach would be “professional” and “respectful” in its approach without compromising Australia’s national interest.

“We want to engage professionally and respectfully but we will absolutely be articulating our national interest,” he said.

“There are going to be challenges going forward at the same time we acknowledge they’re our largest trading partner and we value a productive relationship with China.

“We do want to see our relationship in a better place but we’ll continue to articulate our national interest and we’ll see how far down this road we can walk.”

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Sports

Jed Anderson concussion, update, video, North Melbourne Kangaroos, head knock, doctor, AFL investigation

Jed Anderson concussion, update, video, North Melbourne Kangaroos, head knock, doctor, AFL investigation

The AFL may investigate circumstances surrounding Jed Anderson’s concussion amid questions of why the North Melbourne star was allowed to return to the field on Saturday.

Anderson stumbled after copping a knee to the face in a marking contest in the third quarter but was then cleared to return to the field before being later ruled out by medical staff.

Speaking to reporters post-game, North Melbourne coach Leigh Adams admitted he had not seen the vision yet but backed club doctors.

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Jed Anderson of the Kangaroos goes off. (Photo by James Elsby/AFL Photos via Getty Images)Source: Getty Images

“I haven’t seen the vision yet, but I’m comfortable that our doctors would have made the right decision whatever that was,” Adams said.

“I’m not 100 per cent sure, I know he came off with the blood rule, and then I was told at three-quarter time that he had gone into the concussion protocols.

“I’m not sure how long he was in those protocols once the three-quarter time siren went but he was ruled out pretty quickly after that.”

Anderson will miss North’s last game of the season against Gold Coast at Marvel Stadium.

speaking on Fox Footy later in the night, Nick Riewoldt and Jonathan Brown both said Anderson should not have been allowed back on the field but could understand why there may have been confusion on the bench.

“You notice there the doctor turned around and was distracted talking to one of the other trainers when he stumbled,” Riewoldt said.

“I reckon had the doctor seen that live, he would have gone: ‘I’m not sure this bloke is right’ but he missed that.”

“It can be chaos on the bench, so I clearly think it has been missed,” Brown added.

“They’ve gone back, reviewed the vision and incident and once they were actually able to do their due diligence properly, they’ve subbed him off. You wouldn’t expect they’d be in too much trouble.”

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