The Victorian WorkCover Authority should be more realistic about its prospects of success before proceeding with costly and time-consuming litigation, a senior judge says.

WorkCover “is a litigant that consistently loses at least 80% of the applications it contests”, Victoria County Court Chief Judge Michael Rozenes writes in the court’s annual report.

Last financial year the authority was respondent to 228 serious injury applications, with only 18% dismissed – a failure rate Chief Judge Rozenes says has persisted for many years.

He says the court’s civil jurisdiction has reported a rise in serious injury applications, on which a ruling must be obtained before workplace or transport accident victims can start common law claims for damages.

“The continuing large number of contested serious injury applications has required that 15 judges be primarily allocated to this jurisdiction.”

WorkCover says very few cases make it to court.

“The authority received more than 2500 serious injury applications [last fiscal year] and more than 90% were resolved without the need for the court to consider the applications,” a spokesman told insuranceNEWS.com.au.