The onus on a worker seeking leave under s 151D to explain delay is not discharged merely by tendering a medical report where the opinion appears to have been promoted by the solicitor's letter requesting it, particularly where the doctor's earlier report contained no indication of the difficulties later asserted. Retrospective amendments under the Workplace Injury Management and Workers Compensation Act 1998 may render futile an extension of time application where no statement of claim was filed before 27 November 2001, though the Court was divided on whether futility could be determined without evidence of impairment assessment under s 151H(4).
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