28 Nov 2013
The appellant's mental injury arose before s21B came into force and, under the law operative at the relevant time, mental injury caused solely by witnessing a shocking event was not compensable; therefore the claim failed and the appeal was dismissed.
21 Jun 2013
On the balance of probabilities the claimant did not establish that she suffered a work-related mental injury caused by a single sudden event of the kind required by s21B; the evidence rather supports that the asserted incident formed part of an ongoing pattern of bullying and was at most a "final straw", and the medical opinion lacked the necessary clarity to attribute a qualifying single-event causation; accordingly the appeal is allowed and the original employer decision declining cover is reinstated.