11 year delay no barrier to claim for compensation

Sarraf and Comcare (Compensation) [2018] AATA 3196.

Key Points:

• The applicant made a claim for workers' compensation in 2016, in respect of an aggravation of an injury sustained in September 2005.
• The Tribunal found that the claim for workers' compensation satisfied the requirements set out in section 53 of the SRC Act, despite the 11 year delay in making the claim.

Background:

The applicant made a workers' compensation claim in April 2004 for an aggravation of a back injury. On 28 September 2005, the applicant attended his General Practitioner and obtained a medical certificate which stated that he had sustained a further aggravation of his back injury as a result of prolonged sitting at work on 26 September 2005. The applicant was certified as unfit for work from 27 September 2005 until 28 December 2005.