12 Mar 2015
The judge found that a combination of the appellant's incapacity, his wife's substantial caregiving and work commitments and reasonable efforts to file during the Christmas break, together with the Corporation's failure to send its follow-up letter, amounted to extenuating circumstances under s135(3) and required acceptance of the late review application.
25 May 2005
The review application was time‑barred and no extenuating circumstances affecting the appellant's ability to lodge the application within the three‑month statutory period were established; therefore the Reviewer was correct to refuse to hear the late review and the Review Decision is confirmed.
19 Mar 2004
Because the copy letter supplied on 15 February 2003 omitted the Corporation's usual notification of the obligations of persons making an application, the Corporation failed to notify the claimant as required and s135(3)(c) applies; the late review application must therefore be accepted and the appeal is allowed.
26 Jan 1999
The application for review lodged by the appellant clearly related only to the s78 lump sum decision; an applicant cannot expand that application to include a separate decision (the s73 cancellation of weekly compensation) after the three month statutory period has expired and there is no power under s89 to extend that time; therefore the Review Officer's refusal to consider the late s73 review is correct and the appeal is dismissed.