Where a university lecturer made an application for compensation under the Workers’ Compensation and Rehabilitation Act 2003 (the Act) for a condition described as “psychological system in general, anxiety/depression combined mood” and was appealing the decision which dismissed an application that the lecturer recuse himself from the hearing of the substantive appeal. The application was rejected by WorkCover on the basis that an injury within the meaning of s 32 of the Act had not been sustained. Notwithstanding that WorkCover was uncertain about the date of commencement of the appellant’s claimed injury, it waived the time limit under the Act in the appellant’s favour.
Scott McLeod QC appeared for the respondent, instructed by the Workers’ Compensation Regulator.
The judgment is available here.