The appellant was diagnosed with asbestos related pleural plaques and, five years later, asbestosis. The appellant applied to the insurer for compensation for each illness but the application was outside the statutory time limit and the insurer declined to waive the time limit. That decision was supported by the Respondent and not disturbed on appeal by the Commission. Matters arsing in this case included whether the Commissioner erred in not finding that the insurer should have been satisfied that the applicant’s failure to lodge the application was due to a reasonable cause and whether, being so satisfied, the insurer should have waived the time limit.
Scott McCleod QC appeared on behalf of and was instructed by the respondent, the Workers’ Compensation Regulator.
The judgment is available here.