Ian Fitch: Ex-George Town Seafoods employee loses bid to reopen compensation claim

A Tasmanian seafood processor’s bid to review his workers’ compensation claim has been dismissed after a judge took a dim view of the man’s “irrelevant, irrational and scandalous” allegations.

George Town Seafoods' processing facility at Franklin St, George Town. Picture: Facebook/ George Town Seafoods

A Tasmanian seafood processor’s bid to review his workers’ compensation claim has been dismissed after a judge took a dim view of the man’s “irrelevant, irrational and scandalous” allegations.

Ian James Fitch, a former employee of George Town Seafoods Pty Ltd, applied to the Supreme Court for an extension of the time frame in which he is allowed to apply for judicial review of a November 2021 Tasmanian Civil and Administrative Tribunal.

Mr Fitch had earlier claimed compensation for a shoulder injury he suffered on December 14, 2018, “caused by prolonged stacking of boxes, causing rotator cuff damage”.

Launceston Supreme Court. Picture: Patrick Gee

His employer initially paid compensation, but ceased payments on November 17, 2020, on the basis of medical advice that the “worker had wholly or substantially recovered”.

It was found by the tribunal he was still “partially incapacitated,” but this was due to Mr Fitch’s “pre-existing rotator cuff disease”.

Mr Fitch subsequently brought an application to the Supreme Court, seeking the statute of limitations be extended – it is 28 days for administrative reviews – but Justice Robert Pearce dismissed it on Thursday.

Follow @humidityreport

According to Justice Pearce, Mr Fitch brought the matter on the basis the tribunal’s decision was “induced or affected by fraud,” an allegation the judge thought preposterous.

“It would be inappropriate for the application to continue,” Justice Pearce said.

Justice Robert Pearce. Picture: SUPPLIED

He said Mr Fitch’s application was supported by a “lengthy affidavit,” brimming with material that was “irrelevant, irrational and scandalous”.

“The claim the decision was tainted by fraud is frivolous, utterly without foundation and an abuse of process,” Justice Pearce said.

He said he would not allow the court to be used as a “means of ventilating” such material.

Mr Fitch was not present to hear Justice Pearce’s decision on the application.

Justice Pearce told the court this was in response to his decision not to recuse himself from the matter on the basis of the judge’s involvement in a “related matter on October 17, 2022”.

“I see no reason to recuse myself, apparently because I’ve not recused myself [Mr Fitch] does not intend to appear,” Justice Pearce said.