Goodhew v WorkCover Queensland
[2024] QSC 66 · Henry J
Mr Goodhew said he was injured while passing roof sheets up to coworkers on the roof of a daycare centre in Cairns. Before he could sue for damages, he had to complete the pre-court steps under the workers' compensation laws, including a compulsory settlement conference. WorkCover assessed his permanent impairment at 22 per cent, but then took the view that he was a contractor rather than a 'worker', and the day before the conference said it could not attend because its policy did not respond. Mr Goodhew asked the Court to order the conference to go ahead, while WorkCover asked the Court to declare he was not a worker. The Court ordered the conference to proceed and refused WorkCover's declaration, holding that WorkCover's view about his status did not stop it attending, and that whether he was a worker was best decided later within a filed court proceeding. This was a procedural ruling that did not decide his damages claim.
Incident & injury
Allegedly suffered personal injuries while passing roof sheets up to coworkers on a roof at a daycare centre
- Location
- Cairns (daycare centre roof)
Quick facts
- Date of judgment
- 29 April 2024
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- roofer / construction worker (passing roof sheets to coworkers on a roof) Technician / Trade Worker
- Whole Person Impairment
- 22%
Outcome
WorkCover's application for a declaration that Mr Goodhew was not a 'worker' was dismissed, and Mr Goodhew's application to fix the time and place for the compulsory conference was granted. The Court held WorkCover's view that he was not a worker did not preclude it from attending the compulsory conference, and that a declaration on worker status was inappropriate at the pre-proceeding stage.
Key issues
Goodhew v WorkCover Queensland [2024] QSC 66
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