26 May 2016
The appellant failed to discharge the onus to demonstrate incapacity from 27 July 2013 because contemporaneous medical records and conduct (continued part‑time work) did not support incapacity; therefore retrospective certification was insufficient to establish entitlement to weekly compensation and the review decision was upheld.
20 Jun 2013
The Court held that incapacity commenced on the date of surgery (10 November 2008); the claimant was not an earner immediately before that date because she had ceased employment earlier; pre-treatment relocation did not qualify as incapacity under s6(b) absent medical evidence that leaving employment was necessary for treatment; therefore claimant was not entitled to weekly compensation.
22 Jan 2008
The mental injury is deemed to have occurred on first treatment (21 September 2004) when the appellant was receiving a WINZ benefit and was not an earner, and there was no evidence of incapacity at that date; accordingly the appellant failed the Clause 32 requirement of being an earner immediately before incapacity and is not entitled to weekly compensation, so the respondent's decision to decline was correct.