2 Nov 2006
Although the judge found the reviewer should have granted the adjournment, the substantive issue was not pursued on rehearing and the reviewer validly exercised his discretion in declining to award costs; therefore the appeal is dismissed and no award of costs is made.
17 Mar 2000
Where a Review Officer awards costs to an unsuccessful applicant the decision should expressly indicate the applicant acted reasonably; furthermore, under regs 3 and 8 an award for representation requires evidence the applicant paid or is obliged to pay the representative. Absent such evidence the costs award was unjustified and must be set aside.
18 Feb 1999
The reassessment conducted under the AMA Guides produced a 6% whole person impairment which was confirmed by an independent orthopaedic surgeon; because this is below the statutory 10% minimum entitlement under the Act as amended, the Corporation was correct to cancel the independence allowance, and the Review Officer properly exercised discretion in refusing to reimburse the $230 medical report cost.
4 Aug 1997
On the medical and occupational therapy evidence, supported by the appellant's delay in seeking treatment and absence of additional contrary evidence, the appellant's continuing back problems were not shown to be attributable to the 1995 lawnmower accident; therefore the Review Officer and respondent correctly declined further entitlements and the appeal must be dismissed in part, with a limited award of costs.