QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Wang v Workers' Compensation Regulator (No. 3) [2023] QIRC 164 |
PARTIES: | Wang, Yuehai (Appellant) v Workers' Compensation Regulator (Respondent) |
CASE NO: | WC/2021/202 |
PROCEEDING: | Appeal against decision of Workers' Compensation Regulator |
DELIVERED ON: | 5 June 2023 |
| HEARING DATES: | 7 and 8 March 2023 |
MEMBER: HEARD AT: | Merrell DP Cairns |
ORDERS: | 1. Pursuant to s 558(1)(a) of the Workers' Compensation and Rehabilitation Act 2003, the review decision of the Respondent dated 2 December 2021 is confirmed. 2. Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011: (a) the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12‑point font size, line and a‑half spacing with numbered paragraphs and pages) by 4.00 pm on Monday, 19 June 2023; and (b) unless otherwise ordered, the decision on costs be determined on the papers. |
| CATCHWORDS: | WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - Appellant applied for workers' compensation 20 months after the entitlement to compensation arose – WorkCover Queensland waived requirement that Appellant lodge his application for workers' compensation within six months after the entitlement to compensation arose as required by s 131(1) of the Workers' Compensation and Rehabilitation Act 2003 – Appellant did not lodge application for workers' compensation within 20 business days after the entitlement to compensation arose – WorkCover Queensland did not waive the requirement in 131(2) of the Workers' Compensation and Rehabilitation Act 2003, with the consequence that WorkCover Queensland's liability to pay compensation was limited to a period starting no earlier than 20 business days before the day on which the Appellant lodged a valid application – Appellant sought review of the decision not to waive the requirement in s 131(2) of the Workers' Compensation and Rehabilitation Act 2003 – review decision of Respondent that Appellant did not have a valid and enforceable application for workers' compensation within the meaning of s 131(1) of the Workers' Compensation and Rehabilitation Act 2003 – appeal by Appellant against review decision of Respondent – whether Appellant failed to lodge application within six months after the entitlement to compensation arose due to mistake or a reasonable cause within the meaning of s 131(6) of the Workers' Compensation and Rehabilitation Act 2003 – whether alternative claims by the Appellant that the Respondent should have waived the six month time limit in s 131(1) of the Workers' Compensation and Rehabilitation Act 2003 having regard to s 36A and s 131(5) of the Workers' Compensation and Rehabilitation Act 2003 are competent – no mistake or a reasonable cause within the meaning of s 131(6) of the Workers' Compensation and Rehabilitation Act 2003 – review decision of Respondent confirmed – parties to be heard as to costs |
| LEGISLATION: | Industrial Relations (Tribunals) Rules 2011, r 41 Workers' Compensation and Rehabilitation Act 2003, s 36A, s 131, s 133, 548 and s 558 |
| CASES: | Black v City of South Melbourne [1963] VR 34 |
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- AGLC
- Wang v Workers' Compensation Regulator (No. 3) [2023] QIRC 164
- Case
- [2023] QIRC 164
- Decision Date
CaseChat Overview and Summary
The court found that Mr Wang's arguments were not persuasive, and the review decision of the Regulator was confirmed. The court held that the appeal was a hearing de novo, and the parties were to start the case again. The court found that the Regulator did not err in law by not waiving the six-month time limit in section 131(1) of the Act, and Mr Wang's arguments were not sufficient to establish a mistake or reasonable cause within the meaning of section 131(6) of the Act. The court held that the Regulator's decision was reasonable and in accordance with the law, and the review decision was confirmed. The court also held that the parties were to be heard as to costs.
Orders
Orders of the court
1. Pursuant to s 558(1)(a) of the Workers' Compensation and Rehabilitation Act 2003, the review decision of the Respondent dated 2 December 2021 is confirmed.
2. Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011:
(a) the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12‑point font size, line and a‑half spacing with numbered paragraphs and pages) by 4.00 pm on Monday, 19 June 2023; and
(b) unless otherwise ordered, the decision on costs be determined on the papers.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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