Mr Ian Neale (‘the Appellant’) filed an appeal against a decision of the Queensland Industrial Relations Commission (‘the Commission’). The Appellant appealed a decision of the Workers’ Compensation Regulator (‘the Respondent’) dated 22 June 2021, which confirmed a decision of WorkCover Queensland on 7 October 2020 to reject his application for compensation for a personal injury in accordance with s 32 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCR Act).
On appeal to the Commission, it was not in dispute that the Appellant suffered a personal injury within the meaning of s 32(1) of the WCR Act. The controversy between the parties was whether the injury was removed from the operation of s 32(1) by virtue of the provisions of s 32(5) of the WCR Act.
Neale’s grounds of appeal was the belief that the Commissioner erred on various findings and that evidence was not looked at in full for the decisions given.
Scott McLeod KC appeared for and was directly instructed by the Workers’ Compensation Regulator.
The judgment is published here.