Workers Compensation: The Implications of the Abreu Decision

The decision in Abreu v Thomas Peacock & Sons Pty Ltd [2012] WADC 31 was summarised in our article of 19 April 2012.

The decision is currently being appealed to the Full Court of the Supreme Court; we highlight below the implications of that decision in the event the Appeal is upheld:

1. In limited circumstances in which the former Section 93K(4) (before the recent amendments of 31 August 2011) of the Workers' Compensation and Injury Management Act 1981 (WA) would apply, that section operates as an independent limitation period and ousts the three year time period requirement provided for under the Limitation Act 2005 (WA);
2. As such, a worker would be entitled to satisfy the provisions of Section 93K(4) at what appears to be any time after the injury and then file a writ of summons, provided they have complied with the requirements of the former section;