The employer lodging the appeal is known as the appellant, while the Workers' Compensation Regulator acts as the respondent.
It's essential to recognize that the Workers' Compensation Regulator's role is to defend the review decision, not necessarily to represent the worker's interests in the appeal. The statutory, no-fault workers' compensation scheme in Queensland is designed to avoid placing workers and employers in adversarial legal proceedings against each other.
An Appeals Officer from the Appeals Unit within the Office of Industrial Relations might contact you to discuss your position regarding the appeal, seeking cooperation in obtaining necessary evidence, statements, and documents relevant to the case.
To defend a review decision, the Office of Industrial Relations may enlist legal counsel to appear at the appeal hearing for the Workers' Compensation Regulator. Legal counsel advocates for the Workers' Compensation Regulator and is guided by an Appeals Officer. They may provide advice on prospects of success and safeguard the regulator's interests.
Can a worker join the appeal?Yes, a worker has the right to join the appeal. If you choose to do so, inform the QIRC if you wish to make representations during the appeal. There are associated responsibilities, and the QIRC will issue orders on how the appeal will progress. Seeking legal advice is an option, but you'll be responsible for associated costs.
When will an appeal go before the QIRC?An appeal may go before the QIRC for an initial conference or a hearing. The initial conference helps clarify the case and obligations and sets the hearing schedule. Appeals are sometimes resolved without a hearing, but if one is needed, it may take several months.
If a matter proceeds to a hearing, you'll be required as a witness, and an Attendance Notice will be sent to you. An Appeals Officer will contact you before the hearing to discuss the process.
If the employer wins the appeal, any compensation paid to you by the insurer up to the decision or settlement date does not have to be repaid.
Need advice?The Queensland Government funds the Queensland Council of Unions to offer an independent Workers' Compensation Advisory Service for Queensland workers. This service is free and independent. Workers can contact the Queensland Council of Unions at 1800 102 166 or (07) 3844 6169. Alternatively, seeking legal advice is an option, but you'll be responsible for the costs. The Queensland Law Society can provide referrals to law firms experienced in personal injury matters.