10 Oct 2012
On the balance of probabilities there was insufficient contemporaneous medical and occupational evidence to prove continuous incapacity from 14 December 2007; incapacity was established from about 1 September 2008 and weekly compensation earnings are to be assessed using the year ended 31 March 2008.
2 Jul 2010
On the balance of probabilities the appellant failed to prove he received the payments in good faith and failed to demonstrate an alteration of position in reliance that would make repayment inequitable; therefore he did not satisfy s251(2) and the decision to require repayment of $12,035.58 was confirmed, appeal dismissed.
8 Feb 1995
Under the Act's transitional provisions, while the appellant remains incapacitated and thus eligible for compensation, the calculation of ongoing weekly earnings‑related compensation is governed by the pre‑1992 Act rules as preserved by s.138(2) and s.59 of the Accident Compensation Act 1982; because the appellant's post‑accident income equalled or exceeded his relevant pre‑accident earnings no earnings‑related weekly compensation was payable, and the respondent correctly ceased payments.