McVEY (by his litigation guardian BULLARD) v G J & L J SMITH PTY LTD and Another

37 VR 433·Maxwell P and Tate JA and Davies AJA
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37 VR 433
37 VR 433
McVEY (by his litigation guardian BULLARD) v G J & L J SMITH PTY LTD and Another Court of Appeal Maxwell P and Tate JA and Davies AJA 28 August, 17 December 2012 [2012] VSCA 312 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)..

Section 52(1) of the Accident Compensation Act 1985 (“the Act”) provided as follows:

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