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Catchwords are the way in which we classify reports into a consistent taxonomy.

Entitlement(6 results)

Reports matching this catchword classification

Pope v WS Walker & Sons Pty Ltd and Another14 VR 435

[2006] VSCA 227·(Court of Appeal) (2006) Eames and Neave JJA and Bell AJA·25 Oct 2006·12p·

Accident compensation - Workers compensation - Entitlement - Medical panels - Binding opinions - Abolition and restoration of common law right to sue for damages - Effect of restoration on amended medical panels scheme - Prior panel opinion concerning statutory benefits claim - Later application to institute common law claim - Whether County Court bound by panel opinion - Accident Compensation Act 1985 (No 10191) ss 45(1A) 68(4) 134AB

Statutory interpretation - Purposive interpretation - Context - History - Literal interpretation productive of manifest absurdity.

Filipovski v Ogemi Services Pty Ltd and Another25 VR 316

[2009] VSCA 230·(Court of Appeal) (2009) Buchanan and Neave JJA and Robson AJA·9 Oct 2009·50p·

Accident compensation - Workers compensation - Entitlement - Common law damages - Reintroduction for injury suffered on or after 20 October 1999 - Compensable injury - Aggravation of pre-existing condition - Credibility of worker - Appeal - Adequacy of reasons - Accident Compensation Act 1985 (No 10191) ss 5 134AB(1) 134AB(16)(b) 134AB(19)(c) 134AB(38) 134AE - County Court Act 1958 (No 6230) s 74(1) 74(3)

Practice and procedure - Appeal - Fresh evidence - Leave - Workers compensation - Medical report relevant to date injury suffered - Finality of litigation - Application refused.

Victorian WorkCover Authority v Michaels26 VR 88

[2009] VSCA 261·(Court of Appeal) (2009) Neave and Mandie JJA and Byrne AJA·17 Nov 2009·8p·

Accident compensation - Workers compensation - Entitlement - Injury - Course of employment - Successive short-term contracts of employment - Injury suffered prior to commencement of next contract - University lecturer injured in bookshop inspection of teaching texts - Whether activity sufficiently incidental to performance of forthcoming work - "Arising out of or in the course of any employment" - Accident Compensation Act 1985 (No 10191) s 82(1).

Kozma Engineering Pty Ltd and Another v Pupic26 VR 574

[2009] VSCA 313·(Court of Appeal) (2009) Nettle and Neave JJA and Hollingworth AJA·22 Dec 2009·5p·

Accident compensation - Workers compensation - Entitlement - Medical panels - Binding opinions - Application for leave to institute proceedings for common law damages - Earlier medical panel opinion obtained for purpose of establishing worker's entitlement to weekly compensation - Whether binding on court in subsequent application for leave to bring proceedings for damages - Accident Compensation Act 1985 (No 10191) ss 39 45(1A) 68(4) 82 134AB(16)(b).

McVey (by his litigation guardian Bullard) v G J & L J Smith Pty Ltd and Another37 VR 433

[2012] VSCA 312·(Court of Appeal) (2012) Maxwell P and Tate JA and Davies AJA·17 Dec 2012·19p·

Accident compensation - Workers compensation - Entitlement - One claim only per compensable event - Physical injuries - Permanent disability - Claim for lump sum compensation - Later claim for psychiatric injury arising from same event - First claim vitiated by claimant's mental incapacity - Appellant incapable of recognising own psychiatric impairment - Second claim not barred - Accident Compensation Act 1985 (No 10191) ss 45 98C 104B(5A) 104B(5AA)

Appeal - Question of law - Whether open to challenge primary decision as not open on evidence - Whether open to contend that primary judge bound to reach different conclusion - "Raised during those proceedings" - Accident Compensation Act 1985 (No 10191) s 52(1)

Walsh v Department of Human Services and Others44 VR 244

[2014] VSCA 244·(Court of Appeal) (2014) Nettle, Hansen and Tate JJA·3 Oct 2014·36p·

Accident compensation - Workers compensation - Entitlement - Work capacity - Medical panel - Review of decision - Workplace injury to knee - Diminished capacity for work - Later unrelated unconnected non-workplace injury to shoulder with low back pain - Impermissible aggregation of injuries - Logic and policy - "No current work capacity" - "Arising from" - "Single incapacity" - Accident Compensation Act 1985 (No 10191) ss 5(1) 45 93 93C - Supreme Court (General Civil Procedure) Rules 2005 O 56