WALSH v DEPARTMENT OF HUMAN SERVICES and Others

44 VR 244·Nettle, Hansen and Tate JJA
44 VR 244
44 VR 244
WALSH v DEPARTMENT OF HUMAN SERVICES and OthersCourt of AppealNettle, Hansen and Tate JJA9 September, 03 October 2014[2014] VSCA 244Accident compensationWorkers compensationEntitlementWork capacityMedical panelReview of decisionWorkplace injury to kneeDiminished capacity for workLater unrelated unconnected non-workplace injury to shoulder with low back painImpermissible aggregation of injuriesLogic and policy“No current work capacity”“Arising from”“Single incapacity”Accident Compensation Act 1985 (No 10191) ss 5(1), 45, 93, 93CSupreme Court (General Civil Procedure) Rules 2005 O 56..

In May 2008, the appellant worker twisted her right knee in the course of her employment as a casual disability carer. The respondent employer accepted the worker’s claim under the Accident Compensation Act 1985 (“the Act”) for that injury and consequential anxiety and depression. Weekly payments of compensation commenced on 16 July 2008 and, pursuant to s 93C of the Act, were terminated with effect from 8 January 2011 on the basis that such payments had been made to her for 130 weeks and that she had a current work capacity. The appellant had not worked in any capacity since January 2010.

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