Seton v Rocla Industries Pty Ltd No 1
[2006] NSWWCCPD 44
•16 March 2006
WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:Seton v Rocla Industries Pty Ltd No 1 [2006] NSWWCCPD 44.
APPELLANT: Roderick Leslie Seton
RESPONDENT: Rocla Industries Pty Ltd
INSURER:Self-insurer
FILE NUMBERS: WCC9479-03 and WCC8730-04
DATE OF ARBITRATOR’S DECISION: 20 January 2005
DATE OF APPEAL DECISION: 16 March 2006
SUBJECT MATTER OF DECISION: Leave to appeal; extension of time to appeal; fresh or additional evidence; dispensing with requirements of the Rules; error of law; jurisdiction; admissibility and refusal to admit evidence; injury; incapacity; ability to earn; credit, and inadequacy of reasons for decision.
PRESIDENTIAL MEMBER: Deputy President Gary Byron
HEARING:Determined on the papers
REPRESENTATION: Appellant: Messenger & Messenger,
Solicitors & Attorneys
Respondent: Leigh Virtue & Associates
ORDERS MADE ON APPEAL: The decision of the Arbitrator, dated 20 January 2005, is confirmed, for the purposes of this appeal.
No order is made as to the costs of this appeal.
FOR ALL INFORMATION, REASONS, FINDINGS AND THE DETERMINATION OF
THIS APPEAL SEE:
Rocla Industries Pty Ltd v Seton [2006] NSWWCCPD 43.
SEE ALSO RELATED APPEAL:
Seton v Rocla Industries Pty Ltd No 2 [2006] NSWWCCPD 45.
DECISION
The appeal is not successful. In this appeal, Seton v Rocla Industries Pty Ltd No 1 [2006] NSWWCCPD 44, the decision of the Arbitrator dated 20 January is confirmed. (However, the same decision of the Arbitrator was revoked in the appeal Rocla Industries Pty Ltd v Seton [2006] NSWWCCPD 43, and the matter was remitted to the Arbitrator for consideration and determination afresh).
COSTS
No order is made as to the costs of this appeal.
Gary Byron
Deputy President
16 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