7 Jun 2017
Leave to appeal was granted because the question whether implantation of a defective prosthesis constitutes a 'physical injury' under the Accident Compensation Act raises an arguable question of law; causation issues remain primarily factual and do not by themselves justify leave.
17 Apr 2015
The Court found the appellant's cardiac arrest and sequelae met the Allenby test for a physical injury (appreciable and not wholly transitory), there was a failure to provide timely treatment in breach of s33 which more likely than not contributed to the cardiac arrest, and the physical/treatment injury caused the diagnosed mental injury (PTSD); appeal allowed.
20 Dec 2012
A mental injury that results from physical injury is a personal injury under s 26(1)(c) and may be covered under s 20 if the mental injury itself qualifies as a treatment injury or results from an accident; the physical injury that caused the mental injury need not itself be independently covered or be excluded from the definition of treatment injury