3 Aug 2010
Interest on the shortfall is payable from one month after the respondent received the necessary earnings information (15 June 2002), the correct divisor for calculating the shortfall was 3.14, there is no entitlement to compound interest, and the appeal is dismissed.
13 Oct 2006
Section 38 yields a deemed date of injury of 4 March 2005 (first treatment); appellant ceased employment on 8 February 2005; Clause 43's alternatives produce a deemed employment end of either 22 February (14 days) or 19 February (holiday pay), both before any plausible date of incapacity; evidence did not establish incapacity earlier than 4 March; therefore appellant was not an earner immediately before commencement of incapacity and is not entitled to weekly compensation; appeal dismissed.
28 Apr 1997
On the balance of probabilities the appellant suffered a loss of earning capacity from at least December 1986 due to an occupational overuse syndrome; continuing to work did not bar recovery but placed an evidential burden on the appellant, which she satisfied by medical reports and history, therefore entitlement under s59 of the Accident Compensation Act 1982 is established from December 1986.
25 Oct 1995
Leave to file the appeal out of time was granted and the Review Officer's decision revoked because there was sufficient new or unconsidered evidence and legal error: the Review failed to properly enquire whether the appellant suffered a gradual process incapacity before ceasing employment and whether, applying the 1992 Act definitions (including s22 and s40), he is now entitled to earnings-related compensation and thus vocational rehabilitation; matter remitted to the Corporation for reconsideration on the available material.