9 Sept 2016
The Judge found no identifiable question of law; the decision to decline cover was based on unchallenged factual medical evidence (Dr Milne's zero percent impairment assessment), so the application for leave to appeal was properly dismissed.
27 Sept 2012
Having reconsidered all relevant evidence the Court preferred the assessments of Dr Newburn and Dr Black over the Corporation's medical assessor and found that as at 20 February 2007 Mr Green did not meet the statutory test of vocational independence (unable to sustain 35 hours per week); the Corporation's decision was therefore quashed and the appeal allowed.
16 Dec 2011
The Corporation failed to inform the vocational independence assessor of an accepted sensitive mental injury claim; that omission was material because it could have changed the scope of enquiry and the assessment of fitness for 35+ hours per week. The omission therefore rendered the vocational independence decision unsafe and the appeal is allowed; weekly compensation is restored and costs awarded.
30 May 2006
Dr Marshall's assessment sufficiently canvassed and factored in the appellant's chronic pain and, in the absence of cogent contrary medical reasoning, his opinion that the appellant had capacity for work as an Assistant Life Skills Tutor is upheld; however the capacity finding for Teacher Aide is quashed because of inconsistency with the appellant's lifting restrictions.
11 Dec 2003
Because section 442 requires deduction of the percentage for which a lump sum was previously paid (29%) from any newly assessed whole person impairment (27%), the residual impairment fell below the statutory 10% threshold in Clause 58; therefore no entitlement to an independence allowance exists and there is no arguable error of law requiring grant of leave to appeal.