Turner v Kowloon Holdings Pty Ltd

[2003] WASCA 276

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Proceedings under the Act
3. › Scope of s 64(1)
4. › Whether Form 22 application for assessment of degree of disability constitutes a 'proceeding under this Act'
5. › Whether s 64(1) applies to proceedings under Division 2 of Part IV
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 64(1), 93D, 93E
1. Workers' Compensation
2. › Medical examination by employer's practitioners
3. › Reasonable excuse for refusal
4. › Whether question of 'reasonable excuse' is question of law or fact
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 64(1)
1. Workers' Compensation
2. › Medical examination by employer's practitioners
3. › Whether requirement to submit to examination applicable when imposed and paid for by employer's insurer
4. › Subrogation
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 64(1), 160(1)
1. Appeal
2. › Extension of time
3. › Workers' compensation appeal
4. › Whether delay causes prejudice to employer
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 84ZY(1)

Quick Take

A worker's refusal without reasonable excuse to submit to medical examination under s 64(1) of the Workers' Compensation and Rehabilitation Act 1981 (WA) results in cessation of the right to prosecute not only workers' compensation claims but also Form 22 applications for assessment of degree of disability under Division 2 of Part IV. The question whether a worker had 'reasonable excuse' for refusal is a question of fact, not law, and therefore not appealable under s 84ZN(2). Whether an employer's insurer can exercise the employer's rights under s 64(1) by subrogation was left open on the merits by Pullin J, though Steytler J (Parker J agreeing) considered the point to lack merit.