For gradual onset injuries such as boilermaker's deafness, the six-month time limit under s 261(1) of the WIM Act does not begin to run until the worker receives expert medical advice confirming the causal connection between the condition and employment. A worker's own belief or suspicion that the condition is work-related is insufficient to constitute 'awareness' under s 261(6). However, awareness does not require knowledge of all matters needed to lodge a claim — only awareness of the injury and its causal connection to employment.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
3 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.