Goodhew v WorkCover Queensland

In the matter of Goodhew v WorkCover Queensland, the dispute involved Mr Goodhew's application for assessment of permanent impairment under section 132A of the Workers Compensation Rehabilitation Act, and WorkCover's refusal to attend a compulsory conference pursuant to section 289 of the Act, on the basis that they believed Mr Goodhew was not a worker under the Act. Mr Goodhew subsequently filed an application ordering the compulsory conference to proceed at a fixed time and place, and WorkCover filed a cross-application seeking a declaration that Mr Goodhew was not a worker under the Act and that the Act did not apply to his damages claim for personal injuries.

The court was required to decide whether WorkCover's refusal to attend the compulsory conference was justified, and whether a declaration regarding Mr Goodhew's status as a worker was appropriate at the pre-proceeding stage. The court found that WorkCover's view that it had no legal obligation to Mr Goodhew because he was not a worker did not preclude it from attending the compulsory conference under the Act. The court also found that a declaration would be inappropriate at this early stage, as the Act was designed to promote the resolution of cases without court proceedings, and a declaration at the pre-proceeding stage would be at odds with this scheme.

Accordingly, the court dismissed WorkCover's application for a declaration and granted Mr Goodhew's application for orders, including the fixing of the time and place for the compulsory conference. The parties were directed to confer and identify an appropriate time and place for the compulsory conference, and to provide a draft consent order to be signed by the court. The court reserved the right to hear the parties regarding costs if they were unable to agree on the terms.