QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION:
Gay v Workers' Compensation Regulator [2018] QIRC 125 PARTIES:
Gay, Aaron Scott
(Appellant )v
Workers' Compensation Regulator
(Respondent)CASE NO:
WC/2017/111 PROCEEDING:
Appeal against a decision of the Regulator DELIVERED ON:
27 September 2018 HEARING DATE:
5, 9 and 10 April 2018
MEMBER:
HEARD AT:
Swan DP
Townsville
ORDERS:
[1] The Appeal is dismissed; and
[2] The Appellant is to pay costs of, and incidental to the Appeal.
CATCHWORDS: WORKERS' COMPENSATION - APPEAL AGAINST DECISION OF WORKERS' COMPENSATION REGULATOR - Whether Appellant is prohibited from applying for assessment of permanent impairment pursuant to s 132A of the Act - Whether the Appellant has previously made a claim for compensation at s 132A of the Act - Specialist medical opinion unhelpful to Appellant - Determined that the first claim made by the Appellant prohibits the Appellant for making a further claim pursuant to s 132A of the Act - Appeal dismissed.
LEGISLATION:
CASES:
Workers' Compensation and Rehabilitation Act 2003, s 31, 32, 108, 132, 132A, 237, 709
WorkCover Queensland Act 1996, s 253
Sayers v Hanson t/as Alguard Security Services [2011] QSC 70
Parnell v WorkCover Queensland [2006] QSC 303
Otto v Mackay Sugar Ltd & Anor [2011] QSC 215
Ley v Woolworths Limited [2013] QSC 59
Kelly v WorkCover Queensland [2002] 1 Qd R 496
Proctor v Jetway Aviation Pty Ltd [1984] 1 NSWLR 166
Andersen v Aged Care Employers Self Insurance [2011] QSC 101
APPEARANCES: Mr J. Greggery QC, instructed by Ms T. Cox of Organic Legal for the Appellant.
Ms D. Callaghan of Counsel, directly instructed by Mr M. Cutting of the Workers' Compensation Regulator, the Respondent.
Reasons for Decision
[1]This Appeal is made by Mr Aaron Scott Gay (the Appellant) against a decision of the Workers' Compensation Regulator (the Regulator) on 24 May 2017, confirming the decision of WorkCover Queensland dated 13 December 2016, to reject the Appellant's application for assessment of permanent impairment pursuant to s 132A of the Workers' Compensation and Rehabilitation Act 2003 (the Act).
[2]The basis of the Regulator's decision was that, as the Appellant had already lodged an application for compensation on 27 August 2014 for his lumbar spine injury, the Appellant was not entitled to utilise s 132A of the Act.
[3]Section 132A states as follows:
132A Applying for assessment of DPI before applying for compensation
(1)This section applies to a worker who has not made an application under section 132.
(2)The worker may apply to the insurer to have the worker's injury assessed under section 179 to decide if the worker's injury has resulted in a DPI.
(3) An application under subsection (1) must be -
(a) lodged with the insurer; and
(b) in the approved form; and
(c) accompanied by -
(i)a certificate in the approved form given by a doctor who attended the worker; and
(ii) any other evidence or particulars prescribed under a…
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- AGLC
- Gay v Workers' Compensation Regulator [2018] QIRC 125
- Case
- [2018] QIRC 125
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Appellant's previous claim for compensation barred them from making a subsequent claim under section 132A of the Act. The court needed to determine if the prior claim was a prerequisite that precluded the Appellant from making a further claim for assessment of permanent impairment. Additionally, the court had to consider the impact of specialist medical opinions provided in the case on the Appellant's eligibility to make the second claim.
The court concluded that the Appellant's previous claim for compensation under section 132A of the Act did prohibit them from making a subsequent claim for assessment of permanent impairment. The specialist medical opinion provided was deemed unhelpful to the Appellant's case, as it did not support their bid to bypass the restriction imposed by the prior claim. Therefore, the appeal was dismissed, and the Appellant was ordered to pay the costs of and incidental to the appeal.
Orders
Orders of the court
[1] The Appeal is dismissed; and
[2] The Appellant is to pay costs of, and incidental to the Appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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