An appeal arising from McCool v Workers’ Compensation Regulator. In that case, the Commission overturned a decision by the Workers’ Compensation Regulator (‘the Regulator’) not to allow a claim under the Workers’ Compensation Scheme.
The appeal against the Regulator’s decision was brought by Mrs Toni McCool (as administrator of the estate of Mr Shane Patrick McCool). Mr McCool was involved in a single vehicle motor vehicle accident. He died from complications from his pre-existing chronic obstructive pulmonary disease which ultimately resulted in Mr McCool suffering respiratory failure. The Appellant sought an order that the decision of the Commission be set aside and the Regulator’s decision be affirmed on the grounds that the Industrial Commissioner erred in finding that s 36 of the Workers’ Compensation and Rehabilitation Act (2003) Qld was not activated to exclude the Respondent’s claim for compensation because there was insufficient evidence available to make the conclusion made.
Scott McLeod QC appeared for the Appellant, instructed by Crown Law.
The judgment is published here.
