Insurer Report

The following is an overview of the important learnings regarding "out of time" applications for review from a matter recently determined by President Hall of the QIRC.

 

The worker, Mr Deng, lodged an application for compensation for a back injury in 2006. The Insurer rejected his claim in March 2007.

 

Mr Deng was informed in the Insurer's Reasons for Decision of his right to seek a review, and lodged an Application for Review with Q-COMP in November 2009, some 2 years and 4 months out of time.

 

Q-COMP advised Mr Deng that it would not proceed with the review because, "I do not consider that special circumstances exist to determine that your client has substantially complied with the timeframe for lodging the application."

 

President Hall stated that substantial compliance is no longer the only justification for waiving compliance with the statutory timeframe. The decisions in Cloncurry Shire Council v Workers' Compensation Regulatory Authority [2007] 2 QdR 434, Australian Meat Holdings Pty Ltd v Q-COMP (2007) 185 QGIG 231 and Hansen v Q-COMP (C/2020/16) state that non-compliance with the time limit may be waived on the grounds of 'substantial compliance or other special circumstances'.

 

Whilst Q-COMP is not required to undertake a full 'merits' review, the underlying merit of an application is only one factor to be considered. And it does not, of itself, provide 'special circumstances' to justify proceeding with a review.

 

Q-COMP and Aqueen Teng Deng (C/2010/56)