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Executive Summary (One Minute Read)
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| Hodgson v Rio Tinto Aluminium Ltd (QSC) - workers compensation - declaration in relation to entitlement to seek damages for workplace injury refused |
| Summaries With Link (Five Minute Read) |
Hodgson v Rio Tinto Aluminium Ltd [2015] QSC 93
Supreme Court of Queensland
Boddice J
Workers compensation - applicant sought declaratory relief in relation to entitlement to seek damages workplace injury - whether applicant had applied for compensation under Workers Compensation and Rehabilitation Act 2003 in respect of injury and if so whether second respondent made decision in relation to application or otherwise complied with statutory obligations - ss132, s 134, s 237, s 392, s 542 & 586 Worker’s Compensation and Rehabilitation Act 2003 - held: applicant had applied for compensation - applicant not entitled to declaration sought - second respondent did not make decision on application within time period specified by Act, but applicant subsequently notified of decision when provided with copy of letter - even if letter’s reasons did not comply with Regulations, time commenced to run in respect of statutory right of review - applicant not entitled to the declarations in the alternative - application dismissed.
Hodgson
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