van der Berg v Key Solutions Group & Anor
[2021] QCA 157 · Boddice J
The plaintiff was a boilermaker who developed an irritating skin condition (contact dermatitis) on his hands shortly after starting work in 2012, which he said was caused by chemicals he used at work. His workers' compensation claim was rejected back in 2013, and he did not appeal that rejection in time. Years later, representing himself, he asked the court to extend the time limit so he could bring a common-law damages claim against his employer, and for declarations allowing him to proceed. A judge refused, finding he had known the relevant facts since 2013 and that there was no special reason to grant relief. He appealed to the Court of Appeal and asked to bring in new documents. The Court of Appeal refused to admit the new evidence and dismissed his appeal, holding the judge made no error. The practical effect is that the plaintiff cannot now pursue his common-law claim.
Incident & injury
Recurrent exposure to irritating chemicals during employment as a boilermaker, causing irritant contact dermatitis to the hands
- Body regions
- Skin / scarring
- Diagnoses
- Irritant contact dermatitis
- Location
- Rockhampton (employer's workshop)
Quick facts
- Date of judgment
- 30 July 2021
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 44
- Occupation
- boilermaker Technician / Trade Worker
Outcome
The Court of Appeal dismissed the self-represented appellant's appeal against the dismissal of his application for an extension of the limitation period under s 31 of the Limitation of Actions Act and for declaratory relief under the WCRA. Leave to adduce further evidence was refused. The primary Judge had not erred in finding no special reasons for declaratory relief and no material fact of a decisive character outside the appellant's means of knowledge.
Key issues
van der Berg v Key Solutions Group & Anor [2021] QCA 157
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