Zimmerle v WorkCover Queensland & Another

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

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

• Limitation period
• Material fact of decisive character
• Section 31 Limitation of Actions Act extension application
• Accrual of cause of action
• Occupational lung disease