3 Nov 2000
The assessor certified a 10% whole person impairment for the back but after deducting previously assessed and compensated disabilities the net impairment fell below the 10% statutory threshold for Independence Allowance entitlement; therefore no allowance is payable and the appeal is dismissed.
23 Dec 1999
Because the appellant received the additional award based on Mr Otto's 30% assessment and that award was paid within the transitional period before the statutory cut‑off, and because the 1992 Act's s147 prevents new lump sum claims based on deterioration after 1 April 1993, the retrospective assessment by Mr Martin could not create an entitlement to a further lump sum; therefore the Review Officer's decision is correct and the appeal is dismissed.
21 Apr 1999
Medical evidence established a pre-existing degenerative C5/6 condition that was at most aggravated by the 1989 accident; there is insufficient evidence that an injury from the accident continues to cause the appellant's present incapacity; the appellant failed to prove causal connection on the balance of probabilities, therefore the respondent correctly ceased weekly compensation.
28 Nov 1997
Claims for earnings-related compensation, attendant care, child care, home help and weekly compensation were dismissed because the appellant was not an earner at the relevant times where required, statutory provisions require written applications or certificates to commence entitlements, and the appellant failed to provide identifiable and quantifiable evidence of expenses; lump sum awards for the 1990 accident and an independence allowance under the 1992 Act were accepted due to respondent's earlier system failure.
17 Jun 1996
The transfusion-caused Hepatitis C is a separate 'medical mishap' and, because the claimant did not lodge a claim or make the s147 election by the relevant cut-off dates, the claim falls under the 1992 Act transitional provisions and is limited to an independence allowance; the review officer's decision is correct and the appeal is dismissed.