A workers' compensation application lodged outside the six-month time limit under s 131(1) of the Workers' Compensation and Rehabilitation Act 2003 (Qld), where the insurer has not waived non-compliance under s 131(5), is not a valid 'application under s 132' for the purposes of s 132A. Accordingly, a worker whose out-of-time application was rejected solely on timeliness grounds remains entitled to apply for an assessment of permanent impairment under s 132A as a person who has 'not made an application under s 132', and may thereby satisfy s 237(1)(a) to seek damages. Section 237(1)(a) does not require the notice of assessment to be received before the limitation period expires.
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