WorkCover Queensland v Wallaby Grip Limited & Anor
[2021] QCA 11 · Crow J
WorkCover Queensland had paid workers' compensation to Mr Coveos, who developed malignant mesothelioma after being exposed to asbestos while working as a fitter and turner in New South Wales (1962–1969) and as a boilermaker in Queensland (1987–1989). WorkCover then sued two asbestos product manufacturers in court, seeking to recover the compensation it had paid under a statutory recovery provision. The manufacturers argued in their defences that, because part of the exposure happened in New South Wales, the Queensland workers' compensation law prevented WorkCover from recovering for the New South Wales portion. WorkCover applied to strike out that legal argument, but the District Court refused, leaving it for trial. The Court of Appeal gave WorkCover permission to appeal and allowed the appeal. It held that the recovery provision does not require the same circumstances to create both the compensation entitlement and the manufacturers' liability, so the New South Wales argument was wrong in law. The relevant parts of the defences were struck out.
Incident & injury
Asbestos exposure during employment in NSW (fitter and turner, 1962–1969) and Queensland (boilermaker, 1987–1989) causing malignant mesothelioma
- Body regions
- Respiratory, Chest / thorax, Internal organs
- Diagnoses
- Malignant mesothelioma
- Location
- New South Wales (Sydney) and Queensland
Quick facts
- Date of judgment
- 5 February 2021
- Claim type
- WCRA Statutory
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Occupation
- fitter and turner / boilermaker Technician / Trade Worker
Outcome
The Court of Appeal granted WorkCover Queensland leave to appeal and allowed the appeal, holding that s 207B of the WCRA does not require the same circumstances to create both the entitlement to compensation and the legal liability to pay damages, so s 113 did not disentitle recovery for NSW employment contribution. The respondents' pleaded allegations of law (para 16 of WGL's FAD and para 15 of BAE's FAD) were struck out.
Key issues
WorkCover Queensland v Wallaby Grip Limited & Anor [2021] QCA 11
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