Allwood v Sundin, Chung, Greaves & Anor
[2021] QCA 196 · Fraser JA (Holmes CJ and Mullins JA agreeing)
Jason Allwood suffered work-related psychiatric injuries said to have been caused by his employer's conduct between 2008 and 2015. The Medical Assessment Tribunal assessed his first injury at 4% permanent impairment, which was below the threshold needed to bring a common-law damages claim for that injury, while a second, later injury was assessed at 20%. Mr Allwood applied to a court to review the Tribunal's decision, but did so nearly nine months after the 28-day time limit had passed. The judge at first instance refused to extend the time because there was no proper explanation for the delay, even though some of his review grounds were arguable. Mr Allwood appealed. The Court of Appeal dismissed the appeal, finding the judge made no error: the worker had not given evidence explaining his delay, and a 2015 medical report he already held had suggested his first injury was the more significant one. The practical effect is that the Tribunal's decision could not be challenged and stands.
Incident & injury
Work-related psychiatric/psychological injury arising from conduct of employer between 2008 and 2015 (first injury 2008–21 July 2014; second injury 22 July 2014–January 2015)
- Body regions
- Psychiatric
- Diagnoses
- Major depressive disorder, Anxiety, Aggravation of acute depression and anxiety
Quick facts
- Date of judgment
- 10 September 2021
- Claim type
- WCRA Statutory
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Occupation
- Not stated
Outcome
The Court of Appeal dismissed the worker's appeal against the refusal of an extension of time to seek judicial review of a Medical Assessment Tribunal decision that assessed his first work-related psychiatric injury at 4% permanent impairment (below the common-law threshold). The primary judge found no satisfactory explanation for the nearly nine-month delay, and the Court held no House v The King error was shown.
Key issues
Allwood v Sundin, Chung, Greaves & Anor [2021] QCA 196
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