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Time for seeking review of workers’ compensation decision restricted

Case note: Blackwood v Pearce [2015] ICQ 012

Workers Compensation Lawyers for Employers – Workers’ Compensation Regulator – WorkCover Queensland – Workers Compensation Extension – Workers Compensation Application for Review

The Industrial Court of Queensland has considered the power of the Workers’ Compensation Regulator (Regulator) to extend the time for applying for review of a decision under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA).

Under section 542(2) and (3) of the WCRAthe Regulator may grant a request for an extension to apply for review of a decision by WorkCover or a self-insurer:

  1. if it is satisfied ‘special circumstances’ exist; and
  2. provided the request is made within three months of the applicant receiving the decision.

In Cloncurry Shire Council v Workers’ Compensation Regulatory Authority & Anor [2006] QSC 362, the Supreme Court found that a decision by Q-Comp to grant an extension outside of the three month period, was not invalid.

However, in a decision delivered on 28 April 2015, Martin J, President of the Industrial Court, disagreed with the Supreme Court’s interpretation of section 542.

Martin J found that if a request to extend time is not made within the three month period, the WCRA gives no power to the Regulator to grant an extension.

Martin J adopted a literal interpretation of the legislation.  Until the section is tested again at Supreme Court level, it seems likely that the Regulator (who was the Appellant in the case) will adopt the reasoning of Martin J.  The decision should be welcomed by insurers and employers.

BOOK A FREE CONSULTATION for advice and information about a workers’ compensation matter by calling (07) 3067 3025 or contact us online.

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Kate Denning

Kate is the Founder & Principal of Denning Insurance Law. Kate opened her own practice out of a desire to deliver high value, specialised legal services. With top tier and in-house experience, her passion for delivering great results, approachable manner and breadth of experience, set her apart from her competitors.

Kate DenningTime for seeking review of workers’ compensation decision restricted

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