5 Sept 2013
The Court quashed the review decision and set aside ACC's refusal because ACC failed to make adequate occupational and medical enquiries, wrongly equated the appellant's limited home-based intermittent work with her pre-injury secretarial employment, and thus reached a decision not supported by reasonable grounds; matter remitted to ACC for proper investigation and a new primary decision.
3 Apr 2008
There was insufficient medical evidence to establish that the appellant was incapacitated from his pre-injury employment before 29 March 2006; he substantially continued to perform his cafe/takeaway proprietor duties (about 40 hours/week) until handing over the business on 20 February 2006; the backdated certificate related to inability to perform alternative fruit-picking work, not the pre-injury employment; he was not an earner immediately before the certified incapacity and therefore not entitled to weekly compensation; the Reviewer's decision upholding ACC's 6 April 2006 decision was corr…
2 Mar 2007
Dr Noonan's contemporaneous assessment of 8 September 2005 established that the appellant had recovered sufficient capacity for work; the ARC18 dated 3 November 2005 was retrospective with no supporting evidence for backdating and thus insufficient to overturn the prior assessment, so ACC lawfully declined to reinstate weekly compensation from 20 September 2005 and the appeal is dismissed.