13 Aug 2014
Given the absence of evidence of an earlier treatment date and the claimant's incapacity to provide instructions, the appropriate course was to allow the appeal to be withdrawn without prejudice so that any future relevant evidence or legal change can be brought before the Corporation and courts; no costs were ordered.
11 Nov 2013
Special leave denied. The Act, as drafted, requires a claimant to have been an earner engaged in employment when the personal injury was suffered for eligibility under s100(1)(a) via s103; s36(1) plainly fixes the date of mental injury as first treatment for that mental injury unless tied to a physical injury under s36(2); invasion of bodily integrity alone is not physical injury absent appreciable physical impact; and cl47(5) cannot be used to obtain the higher cl32 entitlement without meeting s103.
16 Feb 1995
Appeal dismissed because no formal claim had been lodged prior to 1 October 1992 as required by s135(3); the late lodgement (May 1993) fatal to entitlement to lump sum compensation and there was no mechanism to validate the claim given the statutory cut-off.