In the case of Kalecinski v Mercy Community [2024] QSC 49, the Supreme Court of Queensland addressed Wojciech Henryk Kalecinski's claim against his employer for injuries he alleged to have sustained while lifting a heavy tent at work. Kalecinski's application for WorkCover benefits was rejected, and subsequent appeals to the Workers’ Compensation Regulator and the possibility of an appeal to the Queensland Industrial Relations Commission were not pursued within the statutory time limits. Years later, Kalecinski sought to claim damages in the Supreme Court for lost wages and physical and psychiatric injury, but the court found he did not have the right to sue due to non-compliance with procedural requirements and time limitations set by the Workers’ Compensation and Rehabilitation Act 2003 and the Limitation of Actions Act 1974. His failure to receive a notice of assessment or successfully appeal the WorkCover and Regulator's decisions ultimately led to the court setting aside his claims, highlighting the stringent requirements surrounding workers' compensation claims and the critical importance of adhering to procedural timelines.
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