2 Sept 2016
Clause 43's deemed‑employment provisions provide mutually exclusive alternative routes (43(2)(a) or 43(2)(b)) and do not permit combining backward 28‑day calculations with forward additions from last paid employment; appellant was not an earner at the time of injury and clause 43 could not be applied to deem her an earner, so weekly compensation is not payable.
21 Apr 2009
Clause 43(2)(a) and (b) operate in the alternative; the holiday pay received is a payment on cessation properly characterised under Clause 43(2)(b) and does not extend actual employment beyond the cessation date; the appellant's deemed date of treatment injury under s.38 is 18 October 2004 and that date falls outside any extension available under Clause 43 so the appellant did not satisfy the statutory requirement to have been an earner immediately before incapacity and is not entitled to weekly compensation.
1 Feb 2008
The 14 day deeming period in Clause 43 excludes the day of cessation; incapacity must begin during that 14 day period and did not begin on 29 June 2002, therefore the claimant was not deemed an employee on the date of injury and there is no bona fide serious question of law to justify leave to appeal.
2 Jul 2004
Clause 43's 14‑day deeming period excludes the day of cessation and therefore ran from 15 June to 28 June inclusive; incapacity on 29 June 2002 fell outside that period so the deeming provision did not apply and the appeal fails.