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ARTICLE · 18 AUGUST 2022

Win for Queensland spray painters terminal condition WorkCover claim

The QIRC overturned prior decisions, so the worker's compensation claim for a terminal condition was accepted.

AustraliaEmployment and HR

In this article, we explore a case where a worker's claim for terminal benefits under worker's compensation was denied by WorkCover Queensland as the medical evidence did not suggest the condition would terminate his life. Upon application to the Workers' Compensation Regulator, that original decision was confirmed. The worker appealed to the Queensland Industrial Relations Commission ('QIRC') who overturned the prior decisions and the worker's compensation claim for benefits for a terminal condition was ultimately accepted.

Exposure to hazardous chemicals at work

The Appellant, Mr Plant, was a 47-year-old spray painter who had worked in the industry since the age of 15.

During his career, he regularly used paints that contained isocyanates. Mr Plant had worked for a number of different employers which implemented varying standards of workplace safety and equipment. He would work long hours and, even in a managerial role, he was exposed to paint containing

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