7 Mar 2005
Because no s60 assessment was ever completed and the 1988 review application was abandoned, s368(4) cannot operate to confer s60 status and the statutory point is not arguable; leave to appeal to the High Court is therefore refused.
17 Sept 2004
No assessment under s.60 of the 1982 Act was ever made and the 31 October 1988 review application was abandoned; accordingly s.368(4) of the IPRC Act 2001 precludes entitlement and the respondent's decision that the appellant does not have s.60 status is correct.
12 Jul 2004
Appeal dismissed because appellant failed to prove on the balance of probabilities that she was continuously incapacitated as a result of the covered injury and that she was an earner immediately before incapacity; the claim lacked contemporaneous medical certification and evidence contradicted that she ceased work for injury-related reasons, and there was no statutory basis to require a section 60 assessment for the 2003 application under the 2001 Act.