Barry and BIS Industries Limited (Compensation)

The applicant, Lyndon Barry, sought a review of the respondent's, BIS Industries Limited, refusal to extend the time for lodging a request for reconsideration of a workers' compensation determination. The original determination, issued on 17 December 2018, found BIS Industries not liable to pay compensation for a stroke claimed to have been sustained on 23 May 2018. The applicant's claim form indicated the stroke was due to negligent treatment by a paramedic and exacerbated by a jolt in a truck.

The primary legal issue before the court was whether the respondent's decision to refuse an extension of time for the reconsideration request was correct, and if not, whether a substituted decision should be made to grant such an extension. This involved considering the applicant's entitlement to seek a reconsideration under section 62 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) and the respondent's discretion to grant an extension of time.

The court considered the reasons provided by the delegate for refusing the extension of time. These reasons included the applicant being informed of his appeal rights on 17 December 2018, the applicant's legal representatives only recently being instructed, and the significant delay of over four months in seeking reconsideration. The delegate found that the applicant had not provided a reasonable explanation for the delay and that BIS Industries had been disadvantaged by the delay in assessing current conditions. The delegate also considered the merits of the original claim, preferring medical evidence that suggested the stroke was coincidental to the employment incident and significantly contributed to by pre-existing conditions.

Ultimately, the delegate found that it was not appropriate to grant an extension of time pursuant to subsection 62(3) of the *SRC Act*. The court's decision was to set aside the decision under review, which was the refusal to extend time, and substitute a decision that time be extended.