12 Aug 2013
On the medical evidence available as at October 2010 (notably the reports of Dr Turner and Dr du Plessis, and absence of structural brain abnormality on MRI) there was no medical contraindication to the appellant returning to her pre-injury duties for 24 hours per week; consequently the respondent's decision to cease weekly compensation was correct and the appeal is dismissed.
14 Feb 2000
On the balance of probabilities the medical evidence established the appellant's ongoing incapacity is predominantly due to pre-existing degenerative lumbar spine changes rather than the 1986 injury, so the condition is excluded by s10 and cessation of compensation was lawful.
30 Apr 1999
The appellant unreasonably withheld consent for release of medical records required to investigate his tendonitis claim; the Review Officer's finding of unreasonable refusal was correct and is upheld, justifying cessation of payments until consent is provided.
4 Oct 1995
The Court accepted the weight of medical opinion that the 1975 brucellosis lesion continues to contribute, though indirectly, to the appellant's incapacity; because s37 requires only that the personal injury be a contributing reason for inability to resume former employment, the Corporation erred by treating exhausted direct effects as dispositive and by failing to recognize the continuing contributory causal link; therefore the Corporation's decision to cease entitlement was revoked.
28 Jun 1994
Judge found respondent and Review Officer erred by over-relying on limited hearsay statements and by not giving full weight to medical reports and supporting evidence; appellant did not breach s.64 to an extent justifying cancellation; s.49 was not the operative ground (transitional deeming under s.139 considered); on s.37 medical evidence and corroboration established appellant remained incapacitated for pre-accident employment; therefore cessation from 26 March 1993 was unlawful and earnings-related compensation must be reinstated from that date; costs awarded to appellant.