Berry v South Eastern Sydney Area Health Service
[2006] NSWWCCPD 33
•1 March 2006
WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:Berry v South Eastern Sydney Area Health Service [2006] NSWWCCPD 33
APPELLANT: Alison Berry
RESPONDENT: South Eastern Sydney Area Health Service
INSURER:GIO Workers Compensation (NSW) Limited
FILE NUMBER: WCC13049-04
DATE OF ARBITRATOR’S DECISION: 29 December 2004
DATE OF APPEAL DECISION: 1 March 2006
SUBJECT MATTER OF DECISION: Leave to appeal; extension of time to make an appeal; Rule 77 of the Workers Compensation Commission Rules 2003; sections 36, 37 and 38 of the Workers Compensation Act 1987.
PRESIDENTIAL MEMBER: Deputy President Gary Byron
HEARING:Determined on the papers
REPRESENTATION: Appellant: Phillips Fox, Lawyers
Respondent: Lee, Peisley & Foley
ORDERS MADE ON APPEAL: Leave to appeal the decision of the Arbitrator, dated 29 December 2004, is refused.
No order is made as to the costs of the appeal.
APPEALS WERE LODGED BY EACH OF THE PARTIES AGAINST THE DECISION
OF THE ARBITRATOR, DATED 29 DECEMBER 2004. BOTH APPEALS WERE
DETERMINED TOGETHER. ALL RELEVANT DETAILS IN RELATION TO EACH
APPEALS ARE SET OUT IN THE REASONS IN APPEAL CITED BELOW. FOR
ORDERS MADE IN THE APPEAL LODGED BY SOUTH EASTERN SYDNEY AREA
HEALTH SERVICE, SEE: South Eastern Sydney Area Health Service v Berry [2006] NSWWCCPD 32.
REASONS FOR DECISION
All relevant information and reasons for the decision in this appeal are set out in South Eastern Sydney Area Health Service v Berry [2006] NSWWCCPD 32.
ORDERS
Leave to appeal the decision of the Arbitrator, dated 29 December 2004, is refused.
No order is made as to the costs of the appeal.
Gary Byron
Deputy President
1 March 2006
I CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR DECISION OF GARY BYRON, DEPUTY PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.
ASSOCIATE
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