I was involved in this matter which, turned on jurisdiction and time to lodge an application for compensation.
WorkCover rejected the claim based on reasonable management action (“RMA”) under s.32(5) of the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) and made no decision or comment about whether the application was within time. Q-COMP overturned the decision based on RMA, and similarly made no decision as to time.
It was accepted that in the absence of a decision the application was potentially invalid and void, which went to the heart of the application for compensation and its validity under WCRA. By consent it was returned to WorkCover to make a decision about time.
David Cormack – Brisbane Barrister.