A 35-yr-previous stonemason who claimed to have endured accelerated silicosis and adjustment ailment as a consequence of occupational publicity to respirable crystalline silica dust for the duration of the study course of his employment, correctly sought a declaration that the Own Injuries Proceedings Act 2002 (Qld) (the PIPA) does not utilize to any proceeding commenced by him, which include a assert for an adjustment ailment.
The Supreme Court of Queensland noted that while an adjustment ailment is a “personal injury” for the purposes of the PIPA, it does not appear inside of the convey wording of the definition of “dust-connected ailment” in sch 1 to the PIPA and as a result, it has earlier been assumed that the PIPA applied to the secondary psychiatric personal injury, such that plaintiffs in a identical posture to the applicant ended up obliged to offer with the treatments beneath the PIPA, in so far as their psychiatric personal injury is concerned, even however they have been not expected to do so in relation to their main injuries, the dust-linked condition.
Her Honour Bowskill J uncovered that an interpretation of the exemption provision which would involve a person boasting for a dust-linked ailment to comply with the procedural specifications of the PIPA for a causally related personalized harm that was not alone a “dust-relevant condition” was illogical, unreasonable and inconsistent with the distinct reason of the provision. A construction which extended the procedure of the exemption not only to own personal injury which is a dust-connected problem, but also to personalized harm which effects from a dust-relevant issue, would market the goal of the laws. Bowskill J created a declaration that the PIPA should really be examine as however it furnished that “this Act does not apply to – (b) personal harm that is or results from a dust-linked condition”.