17 Jan 2011
Leave to appeal was granted because there exist arguable questions of law regarding the proper application and interaction of s15(3) and Schedule 1 clause 39(2) in assessing shareholder-employee earnings and weekly earnings, warranting referral to the High Court.
15 Apr 2003
Appellant had no 'earnings as an employee' in the 12 months prior to his incapacity and drawings do not constitute earnings under the Act; section 43 does not apply because he was neither an employee with earnings nor a qualifying self-employed person, therefore he is not entitled to weekly compensation and the respondent's decision and resulting debt are upheld.
25 Jan 2002
Appellant did not prove the required continuous 12 months employment before the 14-day period nor entitlement to payments under clause 19(2)(b); therefore he is not deemed to continue to be an employee under clause 19 and is not entitled to earnings-related weekly compensation; appeal dismissed.