Non-compliance with WorkCover Guidelines as to the form and content of injury notifications and claims does not deprive the Workers Compensation Commission of jurisdiction to determine a dispute. The decisions in Kurrajong Holdings and Cottons Glass to the contrary are overruled. The failure of an area of the body to cope with repeated stress imposed upon it, leading to pain and loss of function, is capable of being found to be a disease process for the purposes of s 16 of the Workers Compensation Act 1987. A Presidential member determining an appeal on the papers under s 354(6) of the WIM Act is not required to notify the parties of the intention to proceed on the papers where the parties knew this was a possibility.
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2 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.