When assessing whether 'special circumstances' exist under s 542 of the Workers' Compensation and Rehabilitation Act 2003 (Qld), the decision-maker must consider the merits of the underlying compensation claim, not merely the reasons for delay. A denial of procedural fairness in the original decision — such as failing to show the applicant adverse material from the employer — is itself a special circumstance warranting an extension of time. The non-existence of a factor (such as medical incapacity) that does not form part of the applicant's case is an irrelevant consideration.
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