4 Sept 2013
Because the reviewer awarded weekly compensation based on pre-incapacity earnings where the respondent was not an earner at the date of injury, the reviewer erred in law and, being bound by High Court authority, the Court must allow the Corporation's appeal and quash the review decision.
11 Jul 2013
The Judge accepted the treating surgeon's evidence that the uncontrolled fall on 17 April 2010 caused a fresh articular cartilage flap and persistent painful symptoms requiring surgery; radiological FAI risk factors were common and not inevitably symptomatic, so the accident itself contributed to the requirement for surgery and the review decision denying cover was quashed.
14 Sept 2012
The appeal was dismissed because the Corporation's expert established that the current dental needs derived primarily from pre-existing dental disease rather than the accident, and the appellant failed to produce competent expert evidence to rebut that conclusion or demonstrate exceptional circumstances justifying overturning the expert opinion; prior approval requirements also militated against funding.