12 May 2008
The respondent's assessment treating recovered depreciation as earnings from personal exertion was incorrect; on consent the appeal is allowed and the Corporation's decision quashed because the recovery was not properly characterised as earnings for abatement.
21 Apr 2008
The modified vocational independence assessment was significantly flawed because it contained conflicting medical opinions on depression and was amended without adequate opportunity for the appellant to participate; those flaws rendered the assessment unreliable and warranted quashing the review decision and setting aside the vocational independence decision.
9 Jan 2007
The respondent failed to establish on the balance of probabilities that it provided the VIOA to the appellant prior to the VIMA as required by Clause 26(2) and s307; that procedural failure rendered the Vocational Independence procedure invalid and the respondent's decision is quashed, entitling the appellant to restoration of weekly compensation and costs.
10 Apr 2006
Failure to advise the appellant of her statutory right to review the IRP meant the IRP could not be treated as finally determining that vocational rehabilitation was completed; consequently the Vocational Independence assessment was commenced prematurely and the resulting determination was legally unsustainable and is quashed.
4 Aug 2005
On the balance of evidence the court found the claimant did not have a copy of the Occupational Assessment prior to the Medical Assessment; Clause 26(2) implicitly requires the claimant have the report before the Medical Assessment; that mandatory breach invalidated the assessments and the AON decision; accordingly the decision was quashed and status quo ante restored.