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On Appeal Issue 9: September 2020 has been released

18 Sep 2020

Issue 9 – 2020 is a summary of August 2020 Presidential and Court of Appeal decisions.

These summaries are prepared by the Presidential Unit and are designed to provide an overview of, and introduction to, the most recent Presidential decisions.

They are not intended to be a substitute for reading the decisions in full, nor are they a substitute for a decision maker’s independent research.

This issue we highlight the following Court of Appeal decision:

Cruceanu v Vix Technology (Aust) Ltd [2020] NSWCA 203

APPEALS – right of appeal – scope of right – error of law – findings based on medical evidence – whether misunderstanding of claimant’s case – 1998 Act, s 353(1)

WORKERS’ COMPENSATION – entitlement to compensation – causal relation between accident and injury – delayed complaint of neck pain –neurological condition said to have painless onset – absence of reports of neck pain to treating medical practitioners

WORKERS’ COMPENSATION – entitlement to compensation – employment related injury, disability or disease – workplace accident – claim by worker for lump sum compensation for cervical spine disease

Issue 9 can be found here

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