20 Dec 2013
Appeal dismissed because claimant failed to prove on the balance of probabilities that he was incapacitated from engaging in his pre-injury employment from October 2003 to July 2007; the retrospective claim lacked reasonably persuasive contemporaneous medical evidence, relied heavily on self-reporting and ambiguous income patterns, and therefore did not meet s103(2) requirements.
16 Oct 2009
The Court accepted the appellant sustained post-traumatic ankle damage (talar dome lesion and loose fragment) causally connected to the 2002 injury and found that this injury was the reason he left his runner-room employment; on that basis the appeal was allowed and the appellant is entitled to backdated compensation subject to proof of loss of income and appropriate abatement, with an immediate award of $2,000 plus disbursements ordered.
6 Oct 2000
On the balance of probabilities the appellant failed to prove that she was incapacitated by the 29 September 1993 injury during the period from her resignation on 19 November 1995 until she obtained benefits in September 1997; contemporaneous medical records, medication history, work continuance and subsequent employment indicate no causal link and no incapacity as required by s37A, so backdated ERC was correctly declined and the appeal is dismissed.