5 Nov 2007
Gabites v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- Gabites v Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
Section 36 deems the date of mental injury to be the date of first treatment (January 2003); Clause 32 and s103 require that weekly compensation only be paid where the claimant was an earner immediately before incapacity at the time of the personal injury; incapacity cannot precede the deemed date of injury; appellant was not an earner on the deemed date and therefore not entitled to weekly compensation.