WorkCover Queensland v Lawson
[2022] QCA 178 · Mullins P and Morrison and Bond JJA
Mr Lawson, a boilermaker, injured his right knee in 1999 while pushing and steering a work vehicle that had run out of petrol. He had surgery in 2000 and continued working for years with ongoing knee pain and swelling. After he stopped working in late 2020 and was later diagnosed with arthritis in his knee in June 2021, he tried to sue his former employer. Because the deadline for suing had long passed, he applied to the court for an extension of the limitation period, and a Supreme Court judge granted it. WorkCover appealed. The Court of Appeal overturned the extension. It found that Mr Lawson knew enough to pursue a claim by late 2020, before the arthritis diagnosis, so the deadline had still expired. The court also found that, after more than 21 years, a fair trial was no longer possible because records and witness memories were lost. His claim cannot now proceed, and he was ordered to pay WorkCover's costs.
Incident & injury
Right knee buckled while pushing and steering a work vehicle that had run out of petrol, in the course of employment as a boilermaker.
- Body regions
- Right knee
- Diagnoses
- right knee anterior cruciate ligament rupture, medial meniscus tear, ganglion (tibial graft site), tricompartmental degenerative arthritis
- Incident date
- 12 April 1999
- Location
- Mt Gravatt-Capalaba Road, Mackenzie
Quick facts
- Date of judgment
- 16 September 2022
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 29
- Occupation
- boilermaker Technician / Trade Worker
- Whole Person Impairment
- 27%
Outcome
The Court of Appeal allowed WorkCover's appeal, set aside the primary judge's order extending the limitation period, and dismissed Mr Lawson's originating application. The Court held the material fact of a decisive character (his inability to work due to knee symptoms) was within his knowledge by 23 December 2020 and that he had not shown a fair trial remained available given over 21 years' delay.
Key issues
WorkCover Queensland v Lawson [2022] QCA 178
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