In the District Court matter of Reale v Wesfarmers Kleenheat Gas Pty Ltd  WADC 5 and pursuant to the relevant section of the Workers’ Compensation and Injury Management Act 1981 (WA) (Act), Ms Reale (Plaintiff) lodged an election with WorkCover WA (WorkCover) to retain the right to pursue common law damages and subsequently commenced proceedings against her employer, Wesfarmers Kleenheat Gas Pty Ltd (Kleenheat).
The Court was faced with deciding the issue as to whether WorkCover had the power to extend the Plaintiff’s ‘termination day’ as Kleenheat had not provided her with the relevant prescribed statutory notice strictly within the 14-day period as stipulated by section 93O the Act.
The Court accepted that section 93O of the Act had not been complied with and accordingly held that WorkCover had the power to extend the termination date as the time stipulated in the Act had to be strictly complied with by the insurer/employer without exception
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