WORKERS’ COMPENSATION – proceedings to obtain compensation – preliminary requirements – claims for compensation – failure to make claim within time – generally – where the decision of WorkCover to reject the appellant’s claim on the basis that it was out of time was reviewed by the respondent and set aside on the basis that the time limit was waived – where, on return of the claim to WorkCover for further assessment, WorkCover for further assessment, WorkCover rejected the claim on the basis that it was not an injury under the s.32 of the Workers Compensation and Rehabilitation Act 2003 – where the respondent upheld that decision on review – where the appellant appealed to the Commission – where the respondent requested the Commission determine a preliminary issue on review (whether the claim was out of time) – where the Commission found it had the power to determine the preliminary issue and found that the claim was out of time – whether the Commission had the power to determine whether the application for compensation was valid and enforceable. Church v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 31 (27 October 2015).
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