Castillon v P & O Ports Ltd

[2005] QCA 406

Queensland Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Proceedings to obtain compensation
3. › Preliminary requirements
4. › Claim and delay in making claim
5. › Excuses for delay
6. › Other reasonable cause
7. › Whether statutory indoor management rule entitled claimant to rely on WorkCover's identification of injury date for limitation purposes
8. › WorkCover Queensland Act 1996 (Qld), ss 305, 342
1. Statutory Interpretation
2. › Indoor management rule
3. › Statutory analogue of Turquand's case
4. › Scope of assumptions permitted under statutory indoor management provisions
5. › Whether assumption extends to determination of injury date for limitation purposes
6. › WorkCover Queensland Act 1996 (Qld), s 342
1. Limitation of Actions
2. › Accrual of cause of action
3. › Date of injury
4. › Injury occurring over a period of time
5. › Whether statutory body's identification of injury date binds employer in damages proceedings

Quick Take

Section 342 of the WorkCover Queensland Act 1996 (Qld) (and its successor s 392 of the Workers' Compensation and Rehabilitation Act 2003 (Qld)) operates as a statutory indoor management rule only. It does not authorise a claimant to assume that the date of injury identified by WorkCover in a notice of assessment or damages certificate will be binding on the employer for the purposes of calculating limitation periods in damages proceedings. Claimants and their solicitors must independently determine the date of injury and the applicable limitation period rather than relying on WorkCover's characterisation.