The Appellant, who previously worked as a spray painter, was diagnosed with chronic obstructive pulmonary disease and applied to WorkCover for terminal benefits pursuant to s 128B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (‘the WCR Act’). The application was rejected. The Appellant’s application for review of WorkCover’s decision was rejected by the Workers’ Compensation Regulator in accordance with s 39A of the WCR Act. These proceedings were the Appellant’s appeal against the Respondent’s decision to the Queensland Industrial Relations Commission.
The Court allowed the appeal, set aside the decision of the Workers’ Compensation Regulator, and ordered the Appellant be paid benefits as a worker with a terminal condition pursuant to ch 3, pt 3, div 4 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
Scott McLeod QC appeared for and was instructed directly for the Respondent.
Kristi Riedel (with M Grant-Taylor QC) appeared for the Appellant, instructed by Shine Lawyers.
The judgment is available here.