The Clock Has Run Out: When Medical Opinions Come Too Late
In this sobering episode of P.I. Case Note, Michelle Wright examines the Queensland District Court’s decision in O’Toole v BlueCare ATF the Uniting Church in Australia Property Trust (Q) [2025] QDC 93, which serves as a critical reminder about the unforgiving nature of limitation periods in personal injury claims. The case involved a psychiatric injury claim where Miss O’Toole sought to extend the three-year limitation period under sections 30 and 31 of the Limitation of Actions Act 1974, arguing that a Medical Assessment Tribunal’s opinion confirming her permanent incapacity constituted a “material fact of decisive character.”
The court’s rejection of this application demonstrates that having sympathetic circumstances is not enough to overcome statutory time limits. Despite Miss O’Toole’s severe psychiatric injuries preventing her from working since 2021, and despite receiving confirmation from the Medical Assessment Tribunal in February 2024 that she would likely never return to meaningful employment, the court found that the essential facts of her claim were known well before the limitation period expired. The presence of legal representation during her workers’ compensation claim added weight to the court’s conclusion that she had sufficient knowledge to commence proceedings within time, leaving her without recourse against her employer for the devastating impact on her life and career.
Listen for Michelle Wright’s detailed analysis of this cautionary tale about limitation periods. If you’ve been injured at work—whether suffering physical injuries or psychological harm—don’t wait until it’s too late. The experienced team at accident legal understands these strict time limits and can ensure your claim is filed within the required timeframes. Contact us immediately for a free consultation to protect your rights before the clock runs out.