The Injury Prevention, Rehabilitation and Compensation Act IN THE MATTER OF an appeal pursuant to section 149 of the Act (Appeal No.
|
|
- Louisa Hood
- 8 years ago
- Views:
Transcription
1 IN THE DISTRICT COURT AT WELLINGTON DECISION No. 33/2005 UNDER The Injury Prevention, Rehabilitation and Compensation Act 2001 IN THE MATTER OF an appeal pursuant to section 149 of the Act (Appeal No. AI 298/04) BETWEEN AND DAVID SIMM Appellant ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 November 2004 Appearances: J M Miller for appellant A D Barnet for respondent Judgment: 1 February 2005 RESERVED JUDGMENT OF JUDGE D A ONGLEY [1] This appeal concerns a preliminary question of law which the parties agreed to argue separately. The question is whether a claim for cover can lie under the Injury Prevention, Rehabilitation, and Compensation Act 2001 for lung cancer caused by passive smoking, diagnosed and first treated in [2] The appellant argues that cover can be considered for the disease or injury either as a work-related gradual process injury or as an accident. The difficulty is that personal injury caused by passive smoking was excluded from cover as a work- related personal injury under the Accident Insurance Act 1998, and cover under the transitional s360 of the 2001 Act is not available unless the injury would have been covered under the former Act. Background [3] Mr Simm lodged his claim for cover on 1 July 2002 after the commencement
2 of the 2001 Act. His claim is for cover for lung cancer caused by passive smoking, either as personal injury by accident per se or as injury or disease by work-related gradual process. [4] It is common ground that Mr Simm suffered lung cancer before 1 April 2002 and the diagnosis and first treatment was in Incapacity first occurred not later than the surgical treatment in November Argument [5] The respondent says that, quite apart from the factual issues of causation and significant risk, as a matter of law there is no cover available on this claim under the 2001 Act. The respondent says that the transitional provision in s360 of the 2001 Act applies and excludes cover: 360 Claim for cover under former Acts not lodged until on or after 1 April 2002 (1) Subsection (2) applies to a claim for cover, if the claim (a) is for personal injury suffered before 1 April 2002; and (b) is not lodged with the Corporation before 1 April (2) A claimant has cover under this Act only if (a) the claimant would have had cover under this Act, had the injury occurred on or after 1 April 2002; and (b) the claimant would have had cover under the Act that was in force at the time that the person suffered the injury. [6] While the claim would seem obviously to be for personal injury suffered before 1 April 2002 and therefore caught by s360, Mr Miller for the appellant argues that is not the case because passive smoking was not a personal injury under the 1998 Act and could not therefore have been a personal injury suffered before 1 April [7] Under the 1998 Act the exclusion of a disease caused by inhalation such as passive smoking came about through these sections of the Act. First the personal injury definition excluded gradual process injuries except for the categories specified in s39 of the Act: 29 Personal injury (1) Personal injury means (a) The death of an insured; or
3 (b) Physical injuries suffered by an insured, including, for example, a strain or a sprain; or... (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 39(2)(d), (e), (f), or (g). 39 Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts) (Repealed) (1) An insured has cover for a personal injury if (a) He or she suffers the personal injury in New Zealand on or after 1 July 1999; and (b) The personal injury is any of the kinds of injuries described in section 29(1)(a), (b), or (c); and (c) The personal injury is described in any of the paragraphs in subsection (2). (2) Subsection (1)(c) applies to (a) Personal injury caused by an accident to the insured; or... (d) Personal injury caused by a work-related gradual process, disease, or infection suffered by the insured; or [8] For the purpose of argument it is accepted that lung cancer was a physical injury under s29(1)(a) and, but for a further exception, could have been a work- related gradual process disease or infection under s39(2)(d). Work-related gradual process injury is further defined by s33, and excludes a passive smoking disease in s33(3)(b): 33 Personal injury caused by a work-related gradual process, disease, or infection (1) Personal injury caused by a work-related gradual process, disease, or infection means personal injury - (a) Suffered by an insured; and (b) Caused by a gradual process, disease, or infection; and (c) Caused in the circumstances described in subsection (2). (2) The circumstances are - (a) The insured - (i) Performs an employment task that has a particular property or characteristic; or (ii) Works in an environment that has a particular property or characteristic; and (b) The particular property or characteristic - (i) Causes or contributes to the personal injury; and
4 (ii) Is not found to any material extent in the nonemployment activities or environment of the insured; and (iii) May or may not be present throughout the whole of the insured's employment; and (c) The risk of suffering the personal injury - (i) Is significantly greater for persons who perform the employment task than for persons who do not perform it; or (ii) Is significantly greater for persons who work in that environment than for persons who do not work in it. (3) Personal injury caused by a work-related gradual process, disease, or infection does not include - (a) Personal injury attributable to air-conditioning systems; or (b) Personal injury attributable to passive smoking; or [9] The basis for Mr Miller's argument is that injury attributable to passive smoking is not a form of personal injury for which there is no cover, but, more fundamentally, was not personal injury within the meaning of the 1998 Act because of s29(2). The exclusion occurs in the sections that carefully define what personal injury is and is not. It is submitted that injury attributable to passive smoking was not a workrelated gradual process injury, so was not personal injury under s29. [10] He submits that the personal injury did not occur until the date of commencement of the new Act, when it first fell within the statutory definition, and so it is now covered, without requiring resort to the transitional provisions. [11] The argument is necessarily semantic. Mr Miller makes no apology for that. He submits that the process of categorising injuries, cover and entitlements is one that leads to anomalies or unfairness in some cases. Answers have to be found by analysis of the wording of the statutes, and those answers might include or exclude cases perhaps unexpectedly. [11] Mr Miller submits however the result of including lung cancer treated in 1999 under compensation cover available from 1 April 2002 onwards is not unfair. It is within the general purpose and intent of the 2001 Act under which the danger of workplace passive smoking was recognised after having been excluded from cover as a gradual process injury from 1992 onwards. [12] Mr Barnett for the Corporation points to the inequality that may result if persons who have had their claims declined under those Acts have no cover, while persons who
5 delayed their claims achieved cover under the 2001 Act. He referred to Childs v Hillock [1994] 2 NZLR 65 in which Hardie Boys J, delivering the judgment of the Court of Appeal, said of a somewhat similar argument that if the argument was correct, it would mean that a cunningly advised injured person could have obtained a right, in that case the right to sue, merely by not lodging a claim before the commencement of the new Act. He said that it is most unlikely that such a result was contemplated by a transitional section. [13] A point of difference in this case is that Mr Miller's argument does not depend on the transitional section s360. He argues that from the inception of the 2001 Act Mr Simm's condition became a covered personal injury, but until then it had not been a personal injury at all. Application of the argument [14] In developing the argument, Mr Miller submitted that the difference between what is personal injury that is not covered, and what is not personal injury at all has to be borne in mind. Passive smoking injury was excluded in the 1998 Act as not being personal injury at all. It was not merely a question of non-availability of cover. That is why it is said that s360 does not apply. [16] There is another hurdle for the appellant, namely the problem of the date, or deemed date, of occurrence of the injury if it is to be considered as personal injury under the 2001 Act. If s360 is out of the way, the claim depends on direct application of the 2001 act, not on the transitional provisions. But cover under Part 2 of the 2001 Act extends only to personal injury suffered on or after 1 April Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts) (1) A person has cover for a personal injury if - (a) he or she suffers the personal injury in New Zealand on or after 1 April 2002; and... [17] Mr Miller's argument is that the personal injury is suffered on or after 1 April 2002 because it is "suffered" continuously and is recognised by the statute at that date.
6 [18] The expression "suffers" personal injury is also one that is used in a particular sense in the two statutes. Section 37 of the 2001 Act says: 37 Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection (1) The date on which a person suffers personal injury caused by a work- related gradual process, disease, or infection is the earlier of the following dates: (a) the date on which the person first receives treatment from a registered medical practitioner for that personal injury as that personal injury: (b) the date on which the personal injury first results in the person's incapacity. (2) Subsection (1) applies subject to subsection (3). (3) A person suffers his or her personal injury on the date specified in subsection (4) if he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2). (4) A person to whom subsection (3) applies must be regarded as having suffered his or her personal injury on 1 July 1992, unless he or she actually suffers it on a date later than 1 July 1992 determined under subsection (1).... [19] Throughout s37 the words "suffer", and "suffering" which is used in the heading, are used with reference to the time when personal injury occurs. That is not consistent with a continuous notion that so long as the personal injury continues to cause some incapacity it is suffered, so that a person in that predicament suffers personal injury in New Zealand at any included date, in this case on or after 1 April [20] Mr Barnett submitted that, assuming for present purposes causation is proven, then as a matter of fact and applying the 2001 Act definition of "personal injury", the Appellant did suffer "personal injury" before 1 April On this approach it is immaterial that lung cancer caused by passive smoking was not "personal injury" as defined prior to 1 April The present law is to he applied to the facts both past and present. The change in definition does not change the facts. [21] Mr Barnett submitted that there are indicators in both Acts that personal injury is used in different senses, either as personal injury in fact, or personal injury as it is closely defined under the statute. The point is neatly illustrated by s33(3)(b) in declaring that "personal injury attributable to passive smoking" is not personal injury. An example in the 2001 Act is s26(2) which states:
7 (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h). [22] Mr Barnett also submitted that the use of quotation marks or bold face type indicates that the drafter sometimes uses expressions in the sense in which they are closely defined in the Act and sometimes in a general sense. In the 1998 Act s29 uses quotation marks in the heading "personal injury", when defining the term for the purpose of the Act. In the 2001 Act a different drafting technique is used by inserting s19 for the sole purpose of using and defining key terms, including "personal injury". [23] Mr Miller urged caution and submitted that it could not have been intended that there should be an unacknowledged ritualistic system of distinguishing the meaning of expressions in the two statutes according to whether they were in regular typeface, or quotation marks or bold face type. [24] Leaving aside the last mentioned argument, I consider it clear that the expression "personal injury" is used variously in the two statutes as a description of fact, or as a statutorily defined expression. Accident [25] Mr Miller advances a further argument that the passive smoking disease was personal injury by accident as opposed to a gradual process injury. He submitted that the cause could have been a series of events. Accident is defined in s25 of the 2001 Act: 25 Accident (1) Accident means any of the following kinds of occurrences: (a) a specific event, or a series of events, that - (i) involves the application of a force (including gravity) or resistance external to the human body, or involves the sudden movement of the body to avoid such a force or resistance external to the human body; and (ii) is not a gradual process: (b) the inhalation or oral ingestion of any solid, liquid, gas, or foreign object on a specific occasion, which kind of occurrence does not include the inhalation or ingestion of a virus, bacterium, protozoa, or fungi, unless that inhalation or ingestion is the result of the criminal act of a person other than the injured person:...
8 [26] In response, Mr Barnett first submitted that in common usage the inhalation of smoke does not amount to a specific event or series of events involving the application of an external force. Whether the carcinogenic substance in smoke is in the form of a vapour or minute solids, it is not in common usage an application of force. It is a contrived notion. [27] Mr Barnett submitted also that, given that "inhalation" is a separately identified occurrence in s25(1)(b) in the definition of "accident", the context suggests a legislative intention that inhalation is not to be regarded as an application of force. There may be evidence in particular cases that inhalation of some substance involved an application of force, but the submission is that it does not generally follow, and there is no supporting evidence in this case. [28] Mr Barnett submitted that the claim has been advanced on the basis of exposure each time when Simm was in the smoko room. In this case, where exposure is said to have occurred over 35 years, so there could be over 26,000 specific occasions. There is no evidence of the number of occasions that would have been required to cause the disease, nor when those inhalations might have occurred over the 35 year span. [29] Finally, Mr Barnett submitted that the legislative history provides a clear indication that lung cancer caused by passive smoking has been consistently treated as a gradual process injury, not an accident. Section 7(3)(b) of the 1992 Act provided that: (b) Passive smoking - shall be deemed not to have been caused by gradual process, disease, or infection arising out of and in the course of employment for the purposes of this Act. [30] The evident purpose of that provision was to state that passive smoking, which could otherwise qualify as a gradual process injury, was not covered by the Act. There was apparently no need to exclude passive smoking as an accident because it was not considered to be able to be brought within the definition of an accident, which included "a specific event or series of events that involves the application of a force". If it was possible to advance passive smoking as the result of a series of events involving the application of force then s7(3)(b) would have had no effect. [31] Similarly, the clear exclusion of passive smoking as a work-related gradual process
9 injury, under s33(3)(b) of the 1998 Act, would be ineffective if cause could be attributable to a series of events under s25 of that Act. Decision [32] I find that passive smoking cannot be brought under s25 as injury caused by an accident. The historic argument is persuasive, that similarly constructed definitions in the 1992 and 1998 Acts have not contemplated passive smoking exposure as a series of events amounting to an accident. The same form of definition of accident was adopted in the 2001 Act and it could not have been intended that the suggested change in the accepted understanding of the definition would have been contemplated. [33] This is not a case in which the appeal should be allowed to go forward on the basis that scientific evidence might possibly establish that cancer caused by passive smoking could be caused by a limited series of events with the scope of s25. There is no suggestion that such evidence may be available and the hypothesis is no more than tentative. [34] Of course the precise process by which cancer from passive smoking may develop is not within the ordinary knowledge of unqualified persons and would be the subject of evidence. [35] The appellant's argument for cover for personal injury by accident has been put on the footing that the statute provides an avenue for such a claim in the case of a passive smoking disease. I hold that the statute does not provide for such cover because the matter has been the subject of continuing statutory exclusions which are clear in their purpose. Perhaps if new material were to be provided to suggest that the cause of the appellant's disease or injury was likely to have been a limited series of events contrary to the assumptions inherent in the drafting of the accident compensation statutes, then there might be a basis for appeal. But no such evidence has been suggested in this case. [36] For those reasons the appeal must be dismissed because the disease is not one originating from an accident within the meaning of the 1998 and the 2001 Act, the statutes deny cover for a work-related gradual process injury. [37] The appeal is dismissed.
10 Signed at Wellington on 1 February 2005 at Judge D A Ongley District Court Judge
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2003-485-1921. BETWEEN VERONICA WEIR Appellant
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2003-485-1921 BETWEEN VERONICA WEIR Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 July 2004 Appearances: J Miller & S A
More informationIN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV-2010-485-001331. ACCIDENT COMPENSATION CORPORATION Appellant. DOMINIQUE VANDY Respondent
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV-2010-485-001331 UNDER the Accident Compensation Act 2001 BETWEEN AND ACCIDENT COMPENSATION CORPORATION Appellant DOMINIQUE VANDY Respondent Hearing:
More informationCHAPTER 12 Accident compensation
CHAPTER 12 Accident compensation Peter Jansen is a general practitioner and Senior Medical Adviser for the Accident Compensation Corporation. Cite this as Jansen P 2013. Accident compensation. Chapter
More informationOn April 6, 2004, a Board Hearing Officer confirmed the Case Manager s findings.
1 CLAIM HISTORY AND APPEAL PROCEEDINGS: The Worker was employed in a coal mine operation from 1978 until 2001, primarily as a long wall electrician. He was also a member of the mine rescue team (a Drägerman
More informationIN THE COURT OF APPEALS OF THE STATE OF OREGON. In the Matter of the Compensation of Randi P. Ayres, Claimant. VIGOR INDUSTRIAL, LLC, Petitioner,
No. 291 August 7, 2013 795 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of the Compensation of Randi P. Ayres, Claimant. VIGOR INDUSTRIAL, LLC, Petitioner, v. Randi P. AYRES, Respondent.
More informationIN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 13. WCC No. 2015-3545 CAR WERKS, LLC. Petitioner. vs. UNINSURED EMPLOYERS FUND
IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 13 WCC No. 2015-3545 CAR WERKS, LLC Petitioner vs. UNINSURED EMPLOYERS FUND Respondent/Third Party Petitioner vs. JAMES E. GAWRONSKI
More informationCivil Liability and Other Legislation Amendment Bill 2009
Civil Liability and Other Legislation Amendment Bill 2009 Explanatory Notes Objectives of the Bill The objective of the Civil Liability and Other Legislation Amendment Bill 2009 is to improve the civil
More informationIn the Missouri Court of Appeals Eastern District
In the Missouri Court of Appeals Eastern District DIVISION IV JASON POPE, ) No. ED98108 ) Respondent, ) Appeal from the Labor and ) Industrial Relations Commission vs. ) ) GATEWAY TO THE WEST ) HARLEY
More informationSubmission. To the. Transport and Industrial Relations Select Committee. On the
Submission By To the Transport and Industrial Relations Select Committee On the Injury Prevention, Rehabilitation and Compensation Amendment Bill (No 2) 15 February 2008 PO Box 1925 Wellington Ph: 04 496
More informationIn the Missouri Court of Appeals Eastern District DIVISION THREE
In the Missouri Court of Appeals Eastern District DIVISION THREE GERALD J. BAMBERGER, et al., ) No. ED92319 ) Appellants, ) ) Appeal from the Circuit Court vs. ) of St. Louis County ) 08SL-CC01435 CHARLES
More information2014 CO 5. No. 11SC926, Harman-Bergstedt, Inc. v. Loofbourrow Workers Compensation.
Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association
More informationwww.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1
www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 On 13 th March 2015 at 4pm, Mr Justice Phillips handed down judgment in conjoined cases, Dalton and others.v.british Telecommunications
More informationMotor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
More informationAppellant. ACCLAIM OTAGO INC Applicant Intervener. P G Schmidt for Appellant C J Hlavac for Respondent W A Forster for Applicant Intervener
IN THE COURT OF APPEAL OF NEW ZEALAND CA395/2014 [2014] NZCA 552 BETWEEN DIANE HAWKE Appellant ACCIDENT COMPENSATION CORPORATION Respondent AND ACCLAIM OTAGO INC Applicant Intervener Hearing: 3 November
More informationPersonal injuries and the ACC: A guide to cover, entitlements, and the claims process
Personal injuries and the ACC: A guide to cover, entitlements, and the claims process Prepared by Buddle Findlay, Lawyers, for the New Zealand Private Surgical Hospitals Association Inc June 2010 1. INTRODUCTION
More informationTHE SUPREME COURT OF NEW HAMPSHIRE. APPEAL OF GEORGE D. GAMAS (New Hampshire Compensation Appeals Board)
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationIN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11. THERMOSASH COMMERCIAL LIMITED Defendant
IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to strike out the
More informationQueensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010
Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010 Act No. 24 of 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2010
More informationThose who succeeded often received significant amounts in lump sum awards of damages.
ACC Basic Overview BACKGROUND The present Accident Compensation Act is called the Injury Prevention Rehabilitation and Compensation Act 2001 Act is the fifth major Act in 28 years dealing with our No Fault
More informationDecision Number: WCAT-2015-02919
WCAT Decision Number: WCAT-2015-02919 WCAT Decision Date: September 23, 2015 Panel: Joanne Kembel, Vice Chair Introduction [1] This is a referral to the chair of the (WCAT) under section 251 of the Workers
More informationNumber 38 of 2013. Social Welfare and Pensions Act 2013
Number 38 of 2013 Social Welfare and Pensions Act 2013 Number 38 of 2013 SOCIAL WELFARE AND PENSIONS ACT 2013 CONTENTS PART 1 PRELIMINARY AND GENERAL Section 1. Short title, construction, collective citations
More informationThis is the author s version of a work that was submitted/accepted for publication in the following source:
This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland
More informationQueensland. Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010
Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 Contents Page
More informationDEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION. July 11, 2002
HARDY MYERS Attorney General PETER D. SHEPHERD Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION John Shilts, Administrator Workers Compensation Division Labor & Industries Building
More informationIN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2007 MTWCC 52. WCC No. 2006-1625 BARRY SHELLEY. Petitioner. vs.
IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2007 MTWCC 52 WCC No. 2006-1625 BARRY SHELLEY Petitioner vs. AMERICAN HOME ASSURANCE COMPANY Respondent/Insurer. ORDER GRANTING RESPONDENT/INSURER
More informationVictims of Crime (Compensation) Regulations 2003
Historical version: 18.12.2003 to 5.5.2004 Regulations disallowed South Australia Victims of Crime (Compensation) Regulations 2003 under the Victims of Crime Act 2001 Contents 1 Short title 2 Commencement
More informationFOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15. The Opinions handed down on the 25th day of February, 2003, are as follows:
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 25th day of February, 2003, are as follows: BY KIMBALL, J.: 2002-C - 1634 RONALD J.
More informationBEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G008686 LEE E. GARRETT, EMPLOYEE OPINION FILED DECEMBER 13, 2010
BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G008686 LEE E. GARRETT, EMPLOYEE ALCOA, INC., EMPLOYER SPECIALTY RISK SERVICES, INSURANCE CARRIER/TPA CLAIMANT RESPONDENT RESPONDENT OPINION
More informationSUMMARY. Negligence (duty of care) (occupational health and safety); Negligence (worker); Transfer of costs.
SUMMARY DECISION NO. 710/94 Negligence (duty of care) (occupational health and safety); Negligence (worker); Transfer of costs. The accident employer appealed a decision which refused the accident employer's
More informationWorkers Compensation Mandatory Attorney Fees
STATE OF NEW JERSEY NEW JERSEY LAW REVISION COMMISSION Draft Tentative Report Relating to November 7, 2011 This draft tentative report is distributed to advise interested persons of the Commission's tentative
More informationHistory of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study
History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study Prepared for the Revenue and Transportation Interim Committee by Megan Moore, Legislative Research Analyst Legislative
More informationWork Injury Compensation (Amendment) Bill
Bill No. 18/11. Work Injury Compensation (Amendment) Bill Read the first time on 17th October 11. A BILL intituled An Act to amend the Work Injury Compensation Act (Chapter 34 of the 09 Revised Edition).
More informationVictims of Crime (Statutory Compensation) Regulations 2004
Version: 21.10.2004 South Australia Victims of Crime (Statutory Compensation) Regulations 2004 under the Victims of Crime Act 2001 Contents 1 Short title 2 Commencement 3 Interpretation 4 Requirements
More informationWikiLeaks Document Release
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report
More informationKEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS
KEMP & KEMP PRACTICE NOTES: INSOLVENT DEFENDANTS PART II SIMON EDWARDS 1. In the September issue of Kemp News I dealt with the mechanics of starting or continuing proceedings against an insolvent defendant.
More informationDamages (Asbestos-related Conditions) Bill
Research and Library Service 13 January 2010 Damages (Asbestos-related Conditions) Bill NIAR 644-10 This paper provides an overview and discussion of the Damages (Asbestos-related Conditions) Bill. Paper
More information2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION
NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC
More informationFACULTY OF ADVOCATES
FACULTY OF ADVOCATES RESPONSE By THE FACULTY OF ADVOCATES to CONSULTATION BY PATRICIA FERGUSON MSP on the PROPOSED INQUIRIES INTO DEATHS (SCOTLAND) BILL 1. Do you support the general aims of the proposed
More informationSOUTH AUSTRALIA CRIMINAL INJURIES COMPENSATION REGULATIONS, 1987
SOUTH AUSTRALIA CRIMINAL INJURIES COMPENSATION REGULATIONS, 1987 REGULATIONS UNDER THE CRIMINAL INJURIES COMPENSATION ACT, 1978 Criminal Injuries Compensation Regulations, 1987 being No. 294 of 1987: Gaz.
More informationAlani Golanski, for appellants. Christian H. Gannon, for respondent. A statute requires anyone who brings a lawsuit against
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
More informationIllinois Official Reports
Illinois Official Reports Appellate Court Continental Tire of the Americas, LLC v. Illinois Workers Compensation Comm n, 2015 IL App (5th) 140445WC Appellate Court Caption CONTINENTAL TIRE OF THE AMERICAS,
More informationSecretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor
Senate Bill No. 510 Passed the Senate September 9, 2009 Secretary of the Senate Passed the Assembly August 24, 2009 Chief Clerk of the Assembly This bill was received by the Governor this day of, 2009,
More informationReport on Civil Cases in the District Court of Western Australia 2008/09 to 2012/13
Report on Civil Cases in the District Court of Western Australia 28/9 to 212/13 Table of Contents Civil Case Lodgments 1 Civil Writ (CIV) Register Lodgments 2 Originating Summons (CIVO) Register Lodgments
More informationREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 1043. September Term, 2006 ATRELLE T. THOMAS GIANT FOOD, LLC, ET AL.
REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1043 September Term, 2006 ATRELLE T. THOMAS v. GIANT FOOD, LLC, ET AL. Eyler, Deborah S., Woodward, McAuliffe, John F. (Ret'd, Specially Assigned),
More informationSENATE BILL No. 510 AMENDED IN ASSEMBLY JULY 14, 2009 AMENDED IN ASSEMBLY JUNE 24, 2009 AMENDED IN SENATE MAY 5, 2009 AMENDED IN SENATE APRIL 13, 2009
AMENDED IN ASSEMBLY JULY, 00 AMENDED IN ASSEMBLY JUNE, 00 AMENDED IN SENATE MAY, 00 AMENDED IN SENATE APRIL, 00 SENATE BILL No. Introduced by Senator Corbett (Coauthor: Assembly Member Tran) February,
More informationAs in force at 19 December 2002. South Australia CRIMINAL INJURIES COMPENSATION REGULATIONS 2002
As in force at 19 December 2002. South Australia CRIMINAL INJURIES COMPENSATION REGULATIONS 2002 REGULATIONS UNDER THE CRIMINAL INJURIES COMPENSATION ACT 1978 Criminal Injuries Compensation Regulations
More informationBETWEEN Appellant. ACCIDENT COMPENSATION CORPORATION Respondent. Randerson, Stevens and French JJ
ORDER PROHIBITING PUBLICATION OF THE NAMES OR IDENTIFYING PARTICULARS OF THE APPELLANT, HER CHILD OR ANY OF THE HEALTH PROFESSIONALS INVOLVED IN THE TREATMENT OF THE APPELLANT AND HER CHILD. IN THE COURT
More informationCITATION: State of Queensland AND Q-COMP (WC/2012/197) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: State of Queensland AND Q-COMP (WC/2012/197) - Decision QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workers' Compensation and Rehabilitation Act 2003 - s. 556 - additional
More informationROAD ACCIDENT FUND (TRANSITIONAL PROVISIONS) BILL
REPUBLIC OF SOUTH AFRICA ROAD ACCIDENT FUND (TRANSITIONAL PROVISIONS) BILL (As amended by the Portfolio Committee on Transport (National Assembly)) (The English text is the offıcial text of the Bill) (MINISTER
More informationCivil Wrongs (Liability of the State) Law, 5712 1952
The 1952 law presented here is the official English translation. The approved 2005 amendments are printed in bold italics and were translated by Adalah. Civil Wrongs (Liability of the State) Law, 5712
More informationYour Guide to Asbestos Related Disease Claims
Your Guide to Asbestos Related Disease Claims www.colemans-ctts.co.uk enquiries@colemans-ctts.co.uk 100 Talbot Road, Stretford, Manchester M16 0PG 1-3 Union Street, Kingston-Upon-Thames, Surrey KT1 1RP
More informationWORKERS COMPENSATION BOARD Case No. App. Div. 13-0040 Decision No. 14-29. BRUCE OLESON (Appellant) v. INTERNATIONAL PAPER (Appellee)
STATE OF MAINE APPELLATE DIVISION WORKERS COMPENSATION BOARD Case No. App. Div. 13-0040 Decision No. 14-29 BRUCE OLESON (Appellant) v. INTERNATIONAL PAPER (Appellee) and SEDGWICK CLAIMS MANAGEMENT SERVICE
More informationAUTOMART LIMITED V. WAQA ROKOTUINASAU - ERCA NO. 9 OF 2012 JUDGMENT
IN THE EMPLOYMENT RELATIONS COURT AT SUVA APPELLATE JURISDICTION CASE NUMBER: ERCA NO. 09 OF 2012 BETWEEN: AUTOMART LIMITED APPELLANT AND: WAQA ROKOTUINASAU RESPONDENT Appearances: Ms. Drova for the Appellant.
More informationROAD ACCIDENT FUND (TRANSITIONAL PROVISIONS) BILL
REPUBLIC OF SOUTH AFRICA ROAD ACCIDENT FUND (TRANSITIONAL PROVISIONS) BILL (As amended by the Portfolio Committee on Transport (National Assembly)) (The English text is the offıcial text of the Bill) (MINISTER
More informationNegligence and Damages Bill
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by Andy McDonald, are published separately as Bill 76 EN. Bill 76 6/1 CONTENTS PART 1 PYSCHIATRIC INJURY 1 Close tie (duty of care) 2 Close tie
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2395/13
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2395/13 BEFORE: A.G. Baker: Vice-Chair HEARING: December 27, 2013 at Toronto Written DATE OF DECISION: May 9, 2014 NEUTRAL CITATION: 2014 ONWSIAT
More informationREPUBLIC OF SOUTH AFRICA
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jamie Whitesell, : Petitioner : : v. : No. 205 C.D. 2013 : Submitted: June 7, 2013 Workers Compensation Appeal : Board (Staples, Inc.), : Respondent : BEFORE:
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 975/06 BEFORE: M. Crystal: Vice-Chair HEARING: February 28, 2007 at Toronto Written case DATE OF DECISION: March 1, 2007 NEUTRAL CITATION: 2007
More informationNUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM
NUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM It is neither charity, nor pension, nor indemnity, nor insurance, nor wages, though, if a definition of each and all of these terms were placed in parallel
More informationCourts (Remote Participation) Bill
Courts (Remote Participation) Bill Government Bill Explanatory note General policy statement The purpose of this Bill is to enable greater use of audio-visual links (AVL) in New Zealand courts. Current
More informationWORKCOVER QUEENSLAND AMENDMENT BILL 2002
1 WORKCOVER QUEENSLAND AMENDMENT BILL 2002 EXPLANATORY NOTES GENERAL OUTLINE Objectives of the legislation To provide for miscellaneous amendments to the WorkCover Queensland Act 1996. Reason for the Bill
More informationWORKERS COMPENSATION ORKERS OMPENSATION: INJURY
WORKERS ORKERS COMPENSATION OMPENSATION: WHAT TO DO IN CASE OF AN ON-THE THE-JOB INJURY In general the purpose of the North Carolina Workers Compensation Act, N.C. G.S. 97-1 et. seq., is to put in place
More informationIn addition to disability insurance purchased privately
SPECIAL SUPPLEMENT Workers Compensation, Social Security Disability, SSI, and Genetic Testing Kathryn J. Sedo In addition to disability insurance purchased privately by individuals or employers, three
More informationSTUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013
STUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013 Introduction The STUC is Scotland s trade union centre. Its purpose is to co-ordinate, develop and
More informationAn Introduction to Workplace Rehabilitation
An Introduction to Workplace Rehabilitation OUTLINE Definition of workplace rehabilitation Goals of workplace rehabilitation Obligations Who may be involved in rehabilitation Your employer s process for
More informationBeattie v Secretary of State for Social Security,
CASE ANALYSIS Income Support Capital to be treated as income - Structured settlement of damages for personal injury - Whether periodical payments that arise from the annuity are to be treated as income
More informationRE: HF No. 173, 2009/10 Gary Timm v. Meade School District 46-1 and Associated School Boards of South Dakota Worker s Compensation Trust Fund
March 29, 2011 James D. Leach Attorney at Law 1617 Sheridan Lake Road Rapid City, SD 57702-3783 Jessica L. Filler Tieszen Law Office Prof. LLC PO Box 550 Pierre, SD 57501 Letter Decision and Order RE:
More information2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OLD REPUBLIC INSURANCE COMPANY, v. Plaintiff, MICHIGAN CATASTROPHIC
More informationIn the Missouri Court of Appeals Eastern District
In the Missouri Court of Appeals Eastern District DIVISION THREE GARY GERVICH, Deceased and ) No. ED94726 DEBORAH GERVICH, ) ) Appeal from the Labor and Appellant, ) Industrial Relations Commission ) vs.
More informationReform to Lost Years Damages in Mesothelioma Claims
Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151
More informationWaterfront Workers (Compensation for Asbestos Related Diseases) Act 1986
Western Australia Waterfront Workers (Compensation for Asbestos Related Diseases) Act 1986 As at 14 Nov 2005 Version 01-b0-03 Western Australia Waterfront Workers (Compensation for Asbestos Related Diseases)
More informationSTATE OF UTAH WORKERS COMPENSATION COMPENDIUM OF LAW
STATE OF UTAH WORKERS COMPENSATION COMPENDIUM OF LAW Prepared by Ryan P. Atkinson, Esq. STRONG & HANNI 3 Triad Center, Suite 500 Salt Lake City, UT 84180 Telephone: (801) 532-7080 Facsimile: (801) 596-1508
More informationGovernment Gazette OF THE STATE OF
4315 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 125 Tuesday, 8 October 2013 Published under authority by the Department of Premier and Cabinet SPECIAL SUPPLEMENT Guidelines for Work Capacity
More informationRecent changes to Queensland s Workers Compensation Scheme
Recent changes to Queensland s Workers Compensation Scheme EVERYTHING OLD IS NEW AGAIN almost Presentation on 1 October 2015 Robert Tidbury, Partner The previous position for workers entitlement to seek
More informationNUZZO & ROBERTS NEWSLETTER
NUZZO & ROBERTS NEWSLETTER October 2003 WORKERS' COMPENSATON UPDATE: THRD QUARTER 2003 SUPREME AND APPELLATE COURT CASES A Claim for Connecticut General Statutes 31-306 Dependent Benefits Must Be Filed
More informationCriminal Injuries Compensation Act, Part 1
South Australia CRIMINAL INJURIES COMPENSATION ACT 1978 An Act to provide compensation for injury or, in certain cases, financial loss or grief, suffered in consequence of the commission of offences; to
More informationMotor Vehicles (Third-Party Risks and Compensation) (Amendment) Bill
Motor Vehicles (Third-Party Risks and Compensation) (Amendment) Bill Bill No. 18/2013. Read the first time on 21st October 2013. A BILL intituled An Act to amend the Motor Vehicles (Third Party Risks and
More informationInjury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants Rights) Notice 2002
2002/390 Rights) Notice 2002 Pursuant to section 44 of the Compensation Act 2001, the Minister for ACC gives the following notice. Contents 1 Title Schedule 2 Code of ACC Claimants Rights Code of ACC Claimants
More informationBEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G201612 CLENTON R. CASH, EMPLOYEE
BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G201612 CLENTON R. CASH, EMPLOYEE ALCOA, INC., EMPLOYER SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., INSURANCE CARRIER/TPA CLAIMANT RESPONDENT
More informationGlobal Guide to Competition Litigation Poland
Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...
More informationWATERFRONT WORKERS (COMPENSATION FOR ASBESTOS RELATED DISEASES) ACT
WESTERN AUSTRALIA WATERFRONT WORKERS (COMPENSATION FOR ASBESTOS RELATED DISEASES) ACT No. 84 of 1986 AN ACT to make special provision for payment of workers' compensation to certain waterfront workers
More informationReports or Connecticut Appellate Reports, the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationCourt of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards
Court of Protection Note The Court of Protection and Personal Injury Claims Simon Edwards 1. What happens when P brings proceedings for damages for personal injuries, those injuries being, substantially,
More informationKey Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016
2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer
More informationWorkmen s Compensation (Amendment) Bill
Workmen s Compensation (Amendment) Bill Bill No. 50/07. Read the first time on 12th November 07. A BILL i n t i t u l e d An Act to amend the Workmen s Compensation Act (Chapter 354 of the 1998 Revised
More informationWhat kind of Employment Injury Benefits Convention does the Modern Society Need?
What kind of Employment Injury Benefits Convention does the Modern Society Need? ILO Employment Injury Benefits Convention (C121) Adopted in July 1964 Protects EMPLOYEES Time changes! Full-time employees?
More informationNoteworthy Decision Summary. Decision: WCAT-2003-01952 Panel: D. Dukelow Decision Date: August 11, 2003
Noteworthy Decision Summary Decision: WCAT-2003-01952 Panel: D. Dukelow Decision Date: August 11, 2003 Re-opening Previous Decision Sections 96(2) and 240(2) of the Workers Compensation Act Item #102.01
More informationearnings as you find AB would have earned between the date of injury and the date of death had (he, she) not been injured.
PJI 2:320 Damages Damages Actions for Wrongful Death and Conscious Pain and Suffering, Including Such Actions Based on Medical, Dental and Podiatric Malpractice Commenced Before July 26, 2003 Plaintiff
More informationLegal Research Record
Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding
More informationIN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE. - and
IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON Action No. 0403-12898 B E T W E E N : TANYA LABONTE, JESSE STECHYNSKY AND RHONDA MCPHEE Plaintiffs - and HER MAJESTY THE QUEEN IN
More informationIN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA
1 NOT REPORTABLE IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA JOHANNESBURG CASE NO: 46854/2009 DATE: 29/04/2011 DELETE WHICHEVER IS NOT APPLICABLE REPORTABLE: YES/NO OF INTEREST TO OTHER JUDGES: YES/NO
More informationCitation: Sadler, Pauline and Guthrie, Rob. 2001. Sports Injuries and the Right to Compensation. Legal Issues in Business 3: 9-14.
Citation: Sadler, Pauline and Guthrie, Rob. 2001. Sports Injuries and the Right to Compensation. Legal Issues in Business 3: 9-14. Permanent Link: http://espace.library.curtin.edu.au/r?func=dbin-jump-full&local_base=gen01-era02&object_id=18981
More informationThe Minister of Transport hereby publishes the above draft Bill and the
2 No. 38173 GOVERNMENT GAZETTE, 3 NOVEMBER 2014 No. CONTENTS INHOUD Page No. Gazette No. GENERAL NOTICE Transport, Department of General Notice 950 Road Accident Fund Amendment Bill, 2014: Publication
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1842/14
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1842/14 BEFORE: J. P. Moore : Vice-Chair M. Christie : Member Representative of Employers M. Ferrari : Member Representative of Workers HEARING:
More informationIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO. 5669 OF 2012 (Arising out of SLP (C) No.9516 of 2010) VERSUS JUDGMENT
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO. 5669 OF 2012 (Arising out of SLP (C) No.9516 of 2010) The Oriental Insurance Co.Ltd....APPELLANT(S) VERSUS Siby George
More informationCompensation Claims. Contents
Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory
More information