25 Aug 2017
Because Judge Maclean had finally determined the appellant was not incapacitated as at August 2011 and therefore was not already entitled to receive weekly compensation, clause 48 did not apply to the January 2013 injury and the appellant was not entitled to weekly compensation for that injury.
3 Oct 2013
Section 36 (and s21A where applicable) fixes the deemed date of injury as the date of first treatment for the relevant mental injury; entitlement to weekly compensation requires earner status at that deemed date. Because the claimant was not an earner on 21 September 1992 (the deemed date), she was not entitled to weekly compensation and the Reviewer's contrary finding was wrong; the Corporation's decision is therefore confirmed.
22 Dec 2010
On the evidence, including continuous GP certification and specialist reports (Shaw, Noonan, Finucane), the appellant remained incapacitated from 8 September 2002 to 17 June 2004; therefore the prior determination stands and weekly compensation entitlement is governed by Clause 48 of Schedule 1; appeal dismissed.