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

Weekly payments(6 results)

Reports matching this catchword classification

GARDINER v STATE OF VICTORIA2 VR 461

Winneke P, Phillips and Callaway JJA·2 Jul 1999·19p·

Accident compensation - Workers compensation - Weekly payments - Recovery from injury within 12 months of commencement of weekly payments - Statutory requirement that employer re-employ worker - Tort - Breach of statutory duty - Whether employer liable to worker for failing to re-employ - Whether obligation to re-employ only arises when employer aware of worker's recovery within the 12 month period - Accident Compensation Act 1985 (No. 10191) s. 122.

Paterson v Stanmorr Pty Ltd and Another2 VR 460

[2000] VSCA 220·(Court of Appeal) Winneke P, Phillips and Batt JJA·23 Nov 2000·27p·

Accident compensation - Workers compensation - Weekly payments - Calculation - Pre-injury average weekly earnings - Meaning of "earnings" - Whether non-pecuniary benefits included - "Ordinary time rate of pay" - Whether fixed by employment contract - Accident Compensation Act 1985 (No 10191) ss 5(1) 5A 5B 93A 93B.

Victorian WorkCover Authority v Brewster3 VR 72

[2001] VSCA 30·(Court of Appeal) Winneke P, Phillips and Charles JJA·30 Mar 2001·21p·

Accident compensation - Workers compensation - Weekly payments - Notice of rejection of claim - Validity of notice - No valid notice of rejection given - Deemed acceptance of claim - Entitlement to interim weekly payments - Whether dependent on establishing general entitlement to compensation - Appeal - Question of law - Accident Compensation Act 1985 (No 10191) ss 99 109 114.

Ajinvan Pty Ltd v Fry3 VR 644

[2001] VSCA 148·(Court of Appeal) Ormiston, Phillips and Batt JA·7 Sept 2001·11p·

Accident compensation - Workers compensation - Weekly payments - Serious injury - Total and permanent incapacity - Medical panel - Opinion - Panel opinion that worker partially and permanently incapacitated - Court ordering compensation on basis of total incapacity up to date of panel's opinion - Whether order inconsistent with panel's opinion - Meaning of "totally and permanently incapacitated" - Accident Compensation Act 1985 (No 10191) ss 45 68(4) 93A 93B.

Victorian Workcover Authority v Vitoratos12 VR 437

[2005] VSCA 261·(Court of Appeal) (2005) Callaway, Buchanan and Nettle JJA·16 Nov 2005·11p·

Accident compensation - Workers compensation - Weekly payments - Successful claim for arrears - Interest - Calculation - Whether interest calculated on each weekly payment from date of accrual or on entirety of outstanding payments from date of incapacity - Whether interest to be calculated on gross or after tax amount - Whether deductions for income tax and Centrelink allowances - "The amount of outstanding weekly payments" - "In respect of the period specified" - Accident Compensation Act 1985 (No 10191) s 114E(1)(b)

Statutes - Interpretation - Whether choice between competing interpretations - Whether rewriting of statute required - Conditions for reading words into statute - Whether satisfied.

Clarke v National Mutual Life Assurance Ltd and Others30 VR 230

[2010] VSCA 43·(Court of Appeal) (2010) Neave and Mandie JJA and Hansen AJA·15 Mar 2010·18p·

Accident compensation - Workers compensation - Weekly payments - Pleadings - Statement of claim - Refusal of amendment application - Refusal of application to refer questions to statutory medical panel - Earlier adverse panel opinion - Discretion miscarrying - Not open to determine applications while judicial review proceeding of adverse panel opinion pending - No utility in remitting proceeding to County Court - Accident Compensation Act 1985 (No 10191) ss 5(3)(a) 52 - County Court Act 1958 (No 6230) s 74(2D).

Practice and procedure - Appeal - Interlocutory order - Workers compensation - Pleadings - Refusal of amendment application - Whether appeal as of right or by leave - Accident Compensation Act 1985 (No 10191) ss 5(3)(a) 52 - County Court Act 1958 (No 6230) s 74(2D).