Workers compensation claim statute barred – No excuse for ignorance

by Bailey Lennard and Darran Russell

Burke v Suncorp Staff Pty Ltd [2021] NSWPICPD 6 (23 April 2021)

The Appellant commenced employment with the Respondent as a Claims Support Officer in July 2008. Her duties involved customer service and administrative tasks.

She reported that she was also given the extra responsibility of training a new recruit and as a result of their mistakes she fell behind in her own work.

She sought treatment for anxiety and alleges that she suffered panic attacks when commuting to work by train. On 6 September 2009 she collapsed at home and then did not return to work for the Respondent. She received sick leave, annual leave and unpaid leave. She also made a claim for income protection benefits which was accepted.