Yang v WorkCover Queensland
[2021] QSC 274 · Applegarth J
A worker suffered a stroke at work and claimed workers' compensation, arguing that work stress significantly contributed to it. WorkCover initially rejected the claim, but on review the Workers' Compensation Regulator accepted it and the worker began receiving weekly payments. WorkCover later obtained a new medical opinion suggesting the stroke was due to pre-existing high blood pressure rather than work, and purported to terminate the worker's entitlement under section 168 of the Workers' Compensation and Rehabilitation Act. The worker challenged that decision in court. The judge decided that section 168 only allows WorkCover to review and end an entitlement when a genuine entitlement exists and may have changed — not where WorkCover simply changes its mind about whether the claim should have been accepted. The court set aside WorkCover's termination decision and ordered it to pay the worker's costs. This is an important decision about the limits of an insurer's power to revisit an accepted claim.
Incident & injury
Stroke (cerebral haemorrhage) suffered at work, claimed to be caused by work-related stress
- Body regions
- Brain / head
- Diagnoses
- Stroke, Cerebral haemorrhage
Quick facts
- Date of judgment
- 22 October 2021
- Claim type
- WCRA Statutory
- Proceeding
- Statutory review
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~49 (inferred)
- Occupation
- Painter and manager of painting and decorating business Technician / Trade Worker
Outcome
The court held that s 168 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) only permits review and termination where an actual entitlement to compensation exists and the insurer considers it 'may have changed', not where WorkCover seeks to reassess whether the claim should ever have been accepted. WorkCover's decision of 10 June 2021 to terminate the applicant's entitlement was set aside and WorkCover ordered to pay costs.
Key issues
Yang v WorkCover Queensland [2021] QSC 274
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