QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Turay v Workers' Compensation Regulator [2023] QIRC 001 |
PARTIES: | Turay, Susan Ballu v Workers' Compensation Regulator |
CASE NO.: | WC/2021/72 |
PROCEEDING: | Appeal against decision of Workers' Compensation Regulator |
DELIVERED ON: | 3 January 2023 |
HEARING DATES: | 7, 8 and 9 February 2022 |
MEMBER: HEARD AT: | Power IC Brisbane |
| ORDERS: | 1. The appeal is dismissed. 2. The decision of the Workers' Compensation Regulator is confirmed. 3. Failing agreement on costs, to be the subject of a further application to the Commission. 4. Liberty to apply. |
| CATCHWORDS: | WORKERS' COMPENSATION – ENTITLEMENT TO COMPENSATION – APPLICATION FILED OUT OF TIME – appeal against review decision – where appellant made an application for compensation for psychological injuries – where application rejected on the basis the appellant did not file the application within the time required by s 131 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) – whether there was a reasonable cause for the appellant's failure to lodge the application for compensation – reasonable cause not established |
| LEGISLATION: | Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 11, 131 and 141 Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2019 (Qld) |
| CASES: | Blackwood v Toward (2015) 248 IR 53 Fox v Percy (2003) 214 CLR 118 Green v Workers' Compensation Regulator [2019] ICQ 3 Quinlivan v Portland Harbour Trust (1963) VR 25 Rowe v Q-Comp (2009) 190 QGIG 93 |
| APPEARANCES: | Ms S. Turay, as self-represented Appellant. Mr B.I. McMillan of Counsel, directly instructed by the Respondent. |
Reasons for Decision
Ms Susan Ballu Turay ('the Appellant') appeals a decision of the Workers' Compensation Regulator ('the Respondent') not to waive the time limitation for applying for compensation pursuant to s 131 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) ('the Act').
The Respondent rejected the Appellant's application for review on the basis that the Respondent did not accept that the Appellant had established a reasonable cause pursuant to the then s 131(5) of the Act.[1]
[1] As a result of legislative amendments under the Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2019 (Qld), s 131(5) was renumbered as s 131(6).
The issue for determination is whether there was a reasonable cause for the Appellant's failure to lodge her application for compensation within the time limit prescribed by s 131(1) of the Act.
Background
The Appellant commenced employment with Yarrabee Blue Care as a Registered Nurse in 2017.
The Appellant was stood down from her employment on 16 January 2018. Following a workplace investigation, the Appellant's employment was terminated on 19 January 2018.
It is not in dispute that the Appellant was a worker for the purposes of s 11 of the Act.
On 14 November 2018, the Appellant consulted with Dr Johanna Skinner, General Practitioner, who provisionally diagnosed the Appellant with an adjustment disorder.
On 16 September 2020, the Appellant lodged an application for compensation of a psychological nature described as 'Psychological and Emotional harm, Mental Torture'.
It…
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- AGLC
- Turay v Workers' Compensation Regulator [2023] QIRC 1
- Case
- [2023] QIRC 1
- Decision Date
CaseChat Overview and Summary
The court examined the Appellant's submissions, which outlined a sequence of events from her employment in 2017 to her termination in 2018, and detailed her ongoing symptoms of mental illness and stress. Despite acknowledging the Appellant's suffering, the court noted that the medical and factual evidence did not support a conclusion that she lacked the capacity to lodge an application within the statutory period. The Appellant argued that there was a reasonable cause for her delay, but the court found that she had not discharged the onus of proving this. The court concluded that there was no proper basis to exercise discretion under section 131(6) to extend the time for filing the application.
The court dismissed the appeal and confirmed the decision of the Workers' Compensation Regulator. The court also noted that costs were to be subject to a further application unless the parties agreed otherwise, and granted liberty to apply for such costs. This ruling underscores the importance of timely filing of compensation applications under the Act and highlights the stringent requirements for extending the statutory deadlines.
Orders
Orders of the court
1. The appeal is dismissed.
2. The decision of the Workers' Compensation Regulator is
confirmed.
3. Failing agreement on costs, to be the subject of a further
application to the Commission.
4. Liberty to apply.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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