Zimmerle v WorkCover Queensland & Another
[2022] QDC 143 · Dann DCJ
Incident & injury
Long-term workplace exposure to hazardous chemicals/fumes (including two-pack isocyanate sprays) while working as a spray painter in inadequately ventilated spray booth without adequate PPE
- Body regions
- Respiratory, Psychiatric
- Diagnoses
- Chronic airways disease / persistent asthma with chronic airway obstruction, Secondary psychiatric injury
Quick facts
- Date of judgment
- 24 June 2022
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Occupation
- Spray painter Technician / Trade Worker
- Whole Person Impairment
- 30%
Outcome
Plaintiff's application to declare when the cause of action arose and (alternatively) to extend the limitation period under s 31 LAA was dismissed. The court found the cause of action had accrued by no later than April 2016 when the plaintiff was made redundant, and that Dr Brown's May 2018 opinion was not a material fact of a decisive character justifying extension.
Key issues
Zimmerle v WorkCover Queensland & Another [2022] QDC 143
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