19 Dec 2014
The application for leave was dismissed because no question of law capable of bona fide and serious argument was shown; Judge Beattie correctly applied s21B as an objective test, properly relied on expert evidence (Dr Reeves) and the ACC guidelines, and found the applicant's PTSD resulted from multiple distressing policing events in 2008–2009 rather than the single 4 September 2007 incident.
30 Oct 2014
The Court upheld ACC's decision because the evidence before it did not contain robust, reliable expert diagnosis or causal linkage to the alleged sexual abuse and essential neuropsychological/neuropsychiatric assessment was not obtained; therefore on the balance of probabilities the appellant failed to prove a mental injury caused by a Schedule 3 criminal act and ACC's decision to decline cover was correct.
31 Mar 2014
The VIMA was materially inadequate because it failed to assess the impact of the appellant's longstanding PTSD and the specific effect of anxiety related to the impending hip surgery (and related fatigue, sleep disturbance and medication) on his ability to work 30+ hours/week; that inadequacy was material to the vocational independence finding, therefore the decision of 16 November 2010 and the review decision were quashed and the appellant was not vocationally independent as at November 2010.
27 Oct 1998
Court found appellant's cannabis dependency was not established as physiological dependence (no evidence of DSM-IV criteria 1 or 2 - tolerance/withdrawal) and therefore not a 'physical injury' under s4; appellant's PTSD, although accepted to have physical manifestations, was caused by non-physical stressors of undercover employment and is excluded by s7(4); consequently no entitlement to cover and appeal dismissed.