Emerson v Coles Myer Ltd

The applicant, Kate Louise Emerson, sought relief in the form of leave to appeal against a decision rejecting her claim for workers' compensation relating to an epileptic seizure she suffered at work. Alternatively, she sought a declaration that the operation of the WorkCover Queensland Act 1996 (Qld) is postponed until she attained her majority. The first respondent, Coles Myer Ltd, rejected her claim for compensation relating to the epileptic seizure, but accepted her claim for post-traumatic stress disorder. The second respondent, Q-COMP, is the statutory body responsible for administering the workers' compensation scheme in Queensland. The primary issue before the court was whether the reasons provided for rejecting the applicant's claim for compensation relating to the epileptic seizure complied with the requirements of the WorkCover Queensland Regulation 1997 (Qld). The court held that the reasons provided in the rejection letter did not comply with the statutory requirements. The court found that the letter did not contain reasons for the decision in accordance with the regulation, as it did not address the matters prescribed under the regulation. Additionally, the court found that the applicant did not receive the required written notice of the decision until late October 2003, meaning her application for review was within the prescribed time. The court also found that the insurer was not precluded from assessing whether any individual injury claimed in an application was an injury to which the Act applied. The court held that the three-month time limit in s 491(1) of the Act was mandatory and the applicant's application for review was made within the prescribed time. The court declared that the reasons contained in the rejection letter did not comply with the requirements of the Act. The court reserved argument on whether to make any other orders and on costs.