WILLIAM CAPPER and MILITARY REHABILITATION AND COMPENSATION COMMISSION
[2013] AATA 103
•28 February 2013
[2013] AATA 103
Division VETERANS' APPEALS DIVISION File Number
2011/2215
Re
WILLIAM CAPPER
APPLICANT
And
MILITARY REHABILITATION AND COMPENSATION COMMISSION
RESPONDENT
DECISION
Tribunal Mr R G Kenny, Senior Member
Date 28 February 2013 Place Brisbane The Tribunal affirms the decision under review.
........................................................................
Mr R G Kenny, Senior Member
CATCHWORDS
WORKERS' COMPENSATION – Service in the Royal Australian Air Force – Claim for headaches – No evidence to support relationship between headaches and service – Respondent not liable to pay compensation for incapacity or impairment – Decision under review affirmed
LEGISLATION
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5B, 14
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) sch 1
CASES
Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537
REASONS FOR DECISION
Mr R G Kenny, Senior Member
INTRODUCTION
On 22 March 2010, William Capper lodged a claim, under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Act”), for rehabilitation and compensation in respect of “headaches”. He served in the Royal Australian Air Force (“RAAF”) from 16 September 1969 until 30 June 1993. He alleged that his headaches were related to his RAAF service through “exposure to array of chemicals giving rise to safety concerns, which has attributed to ‘chronic depression & anxiety’”. On 13 April 2010, a delegate of the Military Rehabilitation and Compensation Commission (“MRCC”) rejected his claim and that determination was affirmed in a reviewable decision on 4 April 2011.
ISSUES AND LEGISLATION
It is not in dispute that, under the Act, headaches constitutes a disease rather than an injury. The issue is whether the MRCC is liable, under s 14(1) of the Act, to provide rehabilitation and to pay compensation to Mr Capper for his headaches on the basis that it has resulted in incapacity for work or in impairment.
EVIDENCE
Mr Capper
Mr Capper referred to aspects of his service, including fuel tank cleaning with F-111 aircraft. However, he submitted that his headaches were not related to that work, or to his sinusitis, or to his rhinitis. He believed that they developed because of his adjustment disorder for which liability has been accepted under the Act.
Mr Capper said that he had experienced his headaches during his service from 1974 and disputed that these were related to influenza. In his claim,[1] he identified 1991 as the year of commencement of his headaches. He described a worsening of his headaches after his discharge from the RAAF with two headaches per week from 2003 until 2008 and said that, after surgery in 2008, this reduced to one headache every one and a half weeks. He described an increased frequency from 2009 onwards. In his statement, dated 18 October 2011,[2] he confirmed that the headaches severely limit his activities of daily living including his capacity to stand, mobility, personal hygiene, self-care, consumption of food and liquids, and sexual activity. The headaches cause him to withdraw from social interaction with friends and family and they cause fatigue, loss of concentration and memory problems and also interfere with his ability “to receive and respond to incoming stimuli”.
[1] Exhibit 1, T-document 12, pp. 47-54.
[2] Exhibit 4, annexure A.
Mr Capper agreed that he had given the history detailed by Dr Ohlrich in his report, dated 12 December 2008,[3] and that, in doing so, had described the onset of the debilitating headaches as being in 1990 and had implicated rhinitis as the cause of them.
[3] Exhibit 1, T-document 11, pp. 38-46.
Mr Capper conceded that his discharge medical documentation did not refer to headaches but denied that he had been involved in the preparation of those documents which, he said, were completed by RAAF personnel in reliance on his RAAF records. He agreed that he had signed[4] a Discharge Health Statement which required that he list any disabilities from which he had suffered during his service. He agreed that he listed five medical conditions but made no reference to headaches.
[4] Exhibit 9.
On 6 January 2009, Mr Capper was advised that his claim for a lump sum payment for an accepted condition of rhinitis had been rejected. In that letter, Arthur Powell, an MRCC delegate, suggested that Mr Capper might explore a relationship between his headaches and any of his other accepted conditions, such as a psychological condition.[5] Prior to this, he had believed they were related to sinusitis or rhinitis but he responded to Mr Powell’s invitation to follow the psychological suggestion. He agreed that he had not referred his general practitioner, Dr Pritpal Sandhu, to his headaches before 19 January 2009. This was on the basis that he had not felt the need to do so because he doesn’t tell his GP about every health issue and he thought that he would simply “live with it”. He agreed that he had seen psychiatrist Dr Piaggio in the mid-1990s and in 2006 and had not mentioned the headaches to him. This was because he believed there was no need to do so as he had thought they were due to rhinitis. He agreed that Dr Piaggio diagnosed adjustment disorder in 2006.
[5] Exhibit 6.
Mr Capper said that he experienced headaches when he feels stressed and identified a significant source of stress in his dealings with the respondent’s officers and those of the Department of Veterans Affairs during the processing of his various claims.
Medical Evidence
Accepted conditions
The respondent has previously accepted liability for the following conditions under the Act: bilateral sensori hearing loss (1993), inflammatory bronchitis of a hypersensitive nature (2002), oesophageal candidiasis (2005), adjustment disorder with mixed anxiety and depression (2006), costochondritis (2007), rhinitis (2008), polyp-tubular adenoma (2011), erectile dysfunction (2011) and memory loss (2012). He has also had the following conditions accepted as being related to his RAAF service under the Veterans Entitlement Act 1975 (Cth): bilateral sensori hearing loss (1989), berylliosis (1992), posttraumatic stress disorder (1995) and chronic bronchitis (1996).
Dr Lawrence Wood, gastroenterologist
Dr Wood completed reports on 14 September 1992 and 7 January 1993 in relation to liver function testing. No reference is made therein to headaches.[6]
[6] Exhibit 1, T-document 19, pp. 104-105.
Dr David McEvoy, thoracic physician
Dr McEvoy examined Mr Capper and prepared a report on 3 April 1991.[7] This was in respect of respiratory symptoms. He noted that Mr Capper “never had any symptoms, respiratory or otherwise” following his work with the F-111 fuel tanks on RAAF service.
[7] Exhibit 1, T-document 19, pp. 97-98.
Dr Pritpal Sandhu
Mr Capper’s general practitioner, Dr Sandhu, completed a report, dated 26 July 2004,[8] noting that he had treated Mr Capper for five or six years and that he suffers from gastric reflux. While reference is not made to headaches in that report, Dr Sandhu did so in a letter, dated 23 January 2009, to Dr Patrick Wong. Therein, Dr Sandhu wrote that Mr Capper “would like to see you to see if there is a psychological origin for his headaches”.
Dr Robert Parkes, physician
Dr Parkes prepared a report on 13 April 2002.[9] He reported that Mr Capper had begun to have headaches while working on the F-111 fuel tanks. Dr Parker diagnosed essential thrombocythemia which was in remission and required no treatment. No diagnosis is made by Dr Parker in relation to headaches.
[8] Exhibit 1, T-document 6, p. 19.
[9] Exhibit 1, T-document 5, pp. 15-18.
Dr Piaggio, psychiatrist
Several reports from Dr Piaggio were in evidence. In the report of 25 January 1995,[10] Dr Piaggio concluded that Mr Capper did not have posttraumatic stress disorder, anxiety or depression. On 10 October 1995, Dr Piaggio noted that he had seen Mr Capper on four occasions and he diagnosed posttraumatic stress disorder. In that detailed report, the symptoms of posttraumatic stress disorder are spelt out, as is a list of Mr Capper’s past medical illnesses. No reference is made to headaches.[11] On 16 December 1996 and 19 May 1999, Dr Piaggio again noted posttraumatic stress disorder but made no reference to headaches.[12] On 19 January 2006, Dr Piaggio included a diagnosis of anxiety with mild depression, noted sleep apnoea and respiratory problems but made no reference to headaches.[13]
[10] Exhibit 10.
[11] Exhibit,1, T-document 4, pp. 12-14.
[12] Exhibit 10.
[13] Exhibit 1, T-document 7, pp. 20-21.
On 8 November 2006,[14] Dr Piaggio noted that Mr Capper had bronchitis, asthma and chest pain and he set out a detailed reference to the symptoms of those conditions. Dr Piaggio also diagnosed adjustment disorder with mixed anxiety and depressed mood and detailed the symptoms associated with that psychiatric condition. These were “hyperventilation, panic, disturbed sleep, overwhelming thoughts, agitation, depressed mood, anger, fear of dying, pessimism, palpitation, tremor, paraesthesia, tetany and loss of consciousness”. The functional impacts of the condition were described as “fatigue, loss of concentration, withdrawal, restlessness, passing out and restriction of physical activity”. No reference was made to headaches. On 24 June 2007,[15] Dr Piaggio noted that he had been seeing Mr Capper over a period of 12 years. He again listed the adjustment disorder and posttraumatic stress disorder as Mr Capper’s psychiatric conditions and did not refer to headaches.
[14] Exhibit 1, T-document 8, pp. 22-30.
[15] Exhibit 1, T-document 9, pp. 31-34.
Dr Patrick Wong, psychiatrist
Dr Wong first saw Mr Capper on 27 April 2009 after referral to him by Mr Capper’s general practitioner, Dr Pritpal Sandhu. He is Mr Capper’s treating psychiatrist and he completed reports on 25 September 2009,[16] 4 February 2011[17] and 17 September 2011[18]. In his first report, Dr Wong described Mr Capper as having headaches from approximately 1990 and he agreed with Dr Ohlrich’s diagnosis of mixed migraine and muscle tension headaches. In his second report, Dr Wong’s opinion was that Mr Capper’s anxiety and depression as well as his posttraumatic stress disorder had aggravated the headache condition with contribution of 50% each. Dr Wong considered that Mr Capper’s posttraumatic stress disorder had remained relatively constant in degree over the years but that his adjustment disorder had worsened. As to the history of the mechanism of aggravation, Dr Wong wrote:
The most likely explanations are the obsessive negative pre-occupation of the pain in these patients and severe muscular spasms frequently seen in the sufferers of anxiety and depression.
[16] Exhibit 14.
[17] Exhibit 1, T-document 16, pp. 61-66.
[18] Exhibit 7.
In the third report, the history provided by Mr Capper to Dr Wong included references to having to “be in bed in a darkened room” during the period of the headache which lasted for “approximately 3 to 4 hours”. In his evidence, Dr Wong confirmed that the headaches described by Mr Capper were “debilitating” such that he was unable to function during an episode. Dr Wong confirmed that medical practitioners relied heavily on the history provided by a patient when completing an assessment and that this was particularly the case for a psychiatrist.
Dr Gregory Ohlrich, neurologist
Dr Ohlrich saw Mr Capper on 8 December 2008 at the request of the Department of Veterans’ Affairs. He completed a report on 12 December 2008[19] and gave evidence. The history provided to him by Mr Capper was that the headaches commenced in 1990, have worsened since then, have not changed in character and are severe with a grading of 8/10. He described blurred vision and some associated photophobia which accompany the headaches and which cause him to lie down in a darkened room. Mr Capper advised Dr Ohlrich that, since undergoing the procedures of septoplasty and turbinate reduction in 2008, they have improved in frequency and duration so that he was experiencing them about once every one and a half to two weeks. They occurred mostly in the mornings and evenings when he experiences nasal discharge associated with his rhinitis. Dr Ohlrich concluded that the appropriate diagnosis was “a combination of migraine and muscle contraction (tension) headaches” which were very common in the general population, were unrelated to rhinitis and were constitutional in nature. His opinion was that Mr Capper’s headaches were not related to his RAAF service. He described Mr Capper as having an obsessional personality which may contribute to his headaches and he also said that they may be aggravated by stress.
[19] Exhibit 1, T-document 11, pp. 38-46.
Dr John Cameron, neurologist
Dr Cameron saw Mr Capper on 31 October 2011. He completed reports on 3 November 2011,[20] 16 February 2010,[21] 5 March 2012[22] and 27 June 2012[23]. He also gave evidence. Dr Cameron recorded the history provided by Mr Capper. This was that headaches started in 1974 and had continued to the present time with no change to the headache disturbance even after he was discharged from the RAAF. The symptoms usually lasted for a few hours with an intensity of 8/10 and comprised nausea, vomiting and blurred vision. They would cause him to retire to a dark room and sleep. They interfered with his work duties and tended to occur mainly in the mornings. He described one as lasting for three and a half weeks. He told Dr Cameron that a septoplasty in 2008 provided no benefit to him and that he believed that the headaches were related to his sinusitis.
[20] Exhibit 16.
[21] Exhibit 17.
[22] Exhibit 18.
[23] Exhibit 19.
Dr Cameron’s opinion was that Mr Capper suffers from migraine and muscular headaches and that his headache disturbance was a discrete, stand-alone disease which was related to constitutional factors. It was not related to sinusitis. He concluded that Mr Capper’s RAAF service had not accelerated the natural progression of the condition. He also said that, occasionally, stresses can exacerbate the headache disorder.
Dr Cameron noted complaints of headache in his RAAF medical records from 1975 and concluded that these were associated with an infective disorder from which he suffered from time to time. He wrote that the earlier headaches had no relevance to the headache disturbance complained of when he saw him.
Clinical notes
Clinical notes, extending to 36 pages, from Dr Sandhu’s practice for Mr Capper for the period from 11 March 2004 until 14 November 2011 were in evidence.[24] The only references to headaches appear in entries on 19 and 23 January 2009. The first entry notes that Mr Capper had seen a specialist who advised that he had tension headaches. In the second entry, Dr Sandhu noted that Mr Capper wanted to see Dr Wong because “he thinks that underlying anxiety/stress may have a part to play in these headaches”.
[24] Exhibit 11, pp. 9-10.
Service medical documents
A Discharge Health Statement was completed on 27 May 1993.[25] It is signed by Mr Capper. The statement records that Mr Capper was not suffering from any illness or injury but that, during his service, he had suffered from cervical pain, essential thrombocythemia, hearing loss and berylliosis and that he wears spectacles for distance vision. A Medical Examination Record completed on that same day, which was a month before Mr Capper’s discharge, refers to various medical conditions but makes no reference to headaches.[26]
[25] Exhibit 9.
[26] Exhibit 1, T-document 19, p. 111.
Outpatient clinical records refer to headaches at various times.[27] On 9 August 1974, 17 July 1975, 12 September 1975, 6 July 1977, 31 August 1978, 14 April 1980, 13 April 1982, 15 November 1982, August 8,[28] 24 June 1991, 5 April 1993, 13 April 1993 and 19 April 1993 headaches are mentioned in the context of an array of influenza type symptoms.
[27] Exhibit 1, T-document 19, pp. 73-111 and Exhibit 8.
[28] The date of this entry is illegible but the context suggests it was in 1984.
Other Evidence
MRCC delegate Arthur Powell wrote to Mr Capper on 6 January 2009 rejecting an earlier claim for a lump sum payment in regard to his rhinitis. Mr Powell referred to Dr Ohlrich’s opinion that Mr Capper’s were not related to rhinitis as Mr Capper had claimed. He wrote:
If you believe that your headaches, particularly tension type, may be related to other accepted conditions, for example psychological, you are invited to make a written claim. Before doing so, it may be appropriate to discuss Dr Ohlrich’s findings with your Psychiatrist.
In the reviewable decision, the delegate wrote that the respondent was first notified of Mr Capper’s headache condition in 2008.[29]
[29] Exhibit 1, T-document 17, p. 67.
SUBMISSIONS
Mr Capper conceded that his headaches were not related to rhinitis, sinusitis or his involvement in the procedures relating to the F-111 fuel tanks. He submitted that he suffered from an adjustment disorder for which the MRCC had accepted liability and that it was this psychiatric condition which was responsible for his headaches.
Mr Clark, for the respondent, accepted that Mr Capper suffered from mixed migraine and tension headache and that it was a condition which constituted a disease under the Act. He noted the references to headaches on service but submitted that these were associated with ‘flu-like’ symptoms and were not the debilitating type of headache which Mr Capper had described to Dr Ohlrich and Dr Cameron. Mr Clark submitted that Mr Capper took up the notion of claiming a connection between headaches and RAAF service through his adjustment disorder after this had been suggested to him by Mr Powell in his letter dated 6 January 2009. He submitted that Mr Capper’s headaches were constitutional and unrelated to his adjustment disorder and unrelated to his RAAF service. He submitted that the terms of s 14 of the Act were not met by Mr Capper’s claim and that the decision under review ought be affirmed.
CONSIDERATION
There have been significant inconsistencies in the accounts that Mr Capper has given in relation to his headaches, mainly in respect of the timing of their onset. He also gave different descriptions of the effects of the surgical procedure he underwent in 2008, telling the Tribunal and Dr Ohlrich that there was improvement after the procedure but advising Dr Cameron that it provided no benefit to him. The differing versions he has provided regarding the onset of his headaches are such that I consider him to be an unreliable witness. I do not accept his evidence in some respects. In particular, this extends to his denial of involvement in completing discharge medical documentation and unwillingness to accept that the various entries concerning headaches in his service medical records were associated with ‘flu-like’ symptoms. The records make specific reference to those associated symptoms and in many cases make specific reference to “flu”. Dr Cameron was in no doubt about the nature of those headaches. The description Mr Capper gave of the effects of his headaches in his statement on 18 October 2011, which was confirmed in evidence and related to Dr Wong, Dr Ohlrich and Dr Cameron, was such that it would dramatically impact on his activities of daily living and were described by Dr Wong as “debilitating”. Yet, he did not mention them to Dr Wood, Dr McEvoy or Dr Parker. This may be explained by the nature of their particular specialties. However, he saw Dr Piaggio on several occasions from 1995 to 1999 about his psychiatric state and Dr Piaggio listed a wide range of symptoms and functional effects but did not include headaches. That lack of reference is remarkable given Mr Capper’s claimed severity of the condition and given that Mr Capper now claims that his adjustment disorder, diagnosed by Dr Piaggio, is responsible for his headaches. He made no mention of headaches to Dr Sandhu until 19 January 2009 and I am satisfied that this was in direct response to the letter written to Mr Capper by Mr Powell.
In relation to the onset of headaches, Mr Capper nominated June 1991 in his claim form. In his evidence he said that he had them from 1974. Dr Ohlrich and Dr Cameron both recorded 1990 as the year of onset. Mr Capper’s service medical records confirm that he had complained of headaches from 1974. Dr Cameron noted the relevant entries in his outpatient clinical records and concluded that the references were to headaches suffered by Mr Capper in association with an infective disorder. The symptoms which Mr Capper experiences from the claimed headache condition were given by him in his evidence and repeated in the report of Dr Wong who described them as “debilitating”. Dr Ohlrich and Dr Cameron also noted the severity of the condition claimed and Dr Cameron described the headaches as a discrete, stand-alone condition. Significantly, Dr Cameron, after perusal of the service Outpatient Records, also concluded that the service entries relating to headaches were associated with an infective disorder and had no relevance to the condition claimed. Mr Capper disputed that the service entries were associated in that way. The various entries are noted above[30] and they, including the more recent entries in June 1991, September 1992 and April 1993, make specific reference to influenza or associated symptoms. I am satisfied that a reading of the clinical record confirms the opinion of Dr Cameron.
[30] See para 23 (above).
There is no medical evidence that Mr Capper suffered from the debilitating form of headache in his RAAF service. His discharge medical documentation is noted above.[31] A Medical Examination Record completed on 27 May 1993, a month before his discharge, makes no reference to headaches. Mr Capper disputed the accuracy of this document declaring that he had not completed it and had not signed it. However, his Discharge Health Statement, which was signed by him on 27 May 1993, declared that he was not suffering from any illness or injury at that time but that, during his service, he had suffered from cervical pain, essential thrombocythemia, hearing loss and berylliosis. No reference is made to headaches of any kind and, while his records refer to headaches, the absence of declaration in his discharge supports the opinion of Dr Cameron that they were not the debilitating form of headache now claimed by Mr Capper. I am satisfied that Mr Capper did not suffer, during his RAAF service, the form of headache now claimed by him.
[31] See para 22 (above).
An issue for the determination is the timing of the onset of Mr Capper’s disease. To that end, s 7(4) of the Act reads:
1For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:
(a)the employee first sought medical treatment for the disease, or aggravation; or
(b)the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee;
whichever happens first.
The evidence is unclear as to when Mr Capper first sought treatment for his headache condition. In the reviewable decision, the delegate wrote that the respondent was first notified of Mr Capper’s headache condition in 2008. Dr Ohlrich was requested in that year to provide a report which he did on 12 December 2008. Dr Sandhu’s report of 26 July 2004 reveals that he was Mr Capper’s general practitioner for the previous five or six years. The first references to headaches in Dr Sandhu’s clinical records are on 19 and 23 January 2009 where he noted that Mr Capper requested a referral to psychiatrist Dr Wong about a relationship between headaches and underlying stress. This was done by Dr Sandhu on 23 January 2009. Dr Wong saw him on 27 April 2009. The only medical evidence of consultation with or treatment by a medical practitioner of the headache is that it occurred at some time in 2008. The matter is significant because of amendments to the Act which commenced on 13 April 2007.[32] This introduced a new definition of “disease” in s 5B of the Act which replaced the previous definition in s 4 of the Act for conditions sustained after that date. I am satisfied that the provisions of the Act, as amended in 2007, are applicable to Mr Capper’s claim. Therein, s 5B of the Act reads:
[32] See s 42 in Sch 1 of the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) (Act No 54 of 2007).
5B Definition of disease
1In this Act:
disease means:
(a)an ailment suffered by an employee; or
(b)an aggravation of such an ailment;
that was contributed to, to a significant degree, by the employee’s employment by the Commonwealth or a licensee.
2In determining whether an ailment or aggravation was contributed to, to a significant degree, by an employee’s employment by the Commonwealth or a licensee, the following matters may be taken into account:
(a)the duration of the employment;
(b)the nature of, and particular tasks involved in, the employment;
(c)any predisposition of the employee to the ailment or aggravation;
(d)any activities of the employee not related to the employment;
(e)any other matters affecting the employee’s health.
This subsection does not limit the matters that may be taken into account.
3In this Act:
significant degree means a degree that is substantially more than material.
Dr Wong did not conclude that adjustment disorder was the cause of Mr Capper’s headaches. The evidence of causation by Dr Ohlrich and Dr Cameron was that the headaches are of constitutional origin and are unrelated to any aspect of his RAAF service. Having regard to their specialty as neurologists, I am satisfied that their evidence as to the cause of the condition should be accepted.
Dr Wong is supportive of the view that Mr Capper’s adjustment disorder, for which liability has been accepted under the Act, aggravated his headaches. His opinion was that there was an equal contribution from posttraumatic stress disorder which has not been accepted under the Act. As I understand the term ‘aggravation’ as used in the Act, it requires that an existing disease has been made worse, not that it has simply become worse.[33] Mr Capper’s adjustment disorder was diagnosed in 2006. At that stage, the claimed headache condition was not present. This is confirmed by the absence of reference to headache in the list of symptoms and functional effects associated with the adjustment disorder in Dr Piaggio’s report.
[33] See Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537 for a discussion of ‘aggravation’ in the context of the Workers Compensation Act 1958 (Cth).
In his evidence, Dr Wong confirmed that medical practitioners, particularly psychiatrists, rely heavily on the history provided by a patient when completing an assessment. Dr Wong relied on the history provided by Mr Capper that he had suffered the debilitating form of headache since 1990. I have not accepted that to be the case. The adjustment disorder predated the headaches and there is no basis provided by Dr Wong to indicate that the headaches have worsened since he first was treated by a medical practitioner, in all probability, in 2008. Indeed, in his evidence and in his referral to Dr Ohlrich, Mr Capper described an improvement after a procedure in 2008. On the balance of probabilities, I am not satisfied that Mr Capper’s adjustment disorder has worsened from the time of its onset and that, accordingly, has not been aggravated at all, let alone by his adjustment disorder.
While I am satisfied that there has been no aggravation of Mr Capper’s headache condition, I have noted that both Dr Cameron and Dr Ohlrich considered that stress could aggravate a headache. The only recent stress identified by Mr Capper in his evidence was that associated with his dealings with Commonwealth authorities. Such stress has no relationship to his employment with the RAAF.
I am satisfied that Mr Capper does not satisfy the criteria in s 14 of the Act.
DECISION
The decision under review is affirmed.
39. I certify that the preceding 38 (thirty-eight) paragraphs are a true copy of the reasons for the decision herein of Mr R G Kenny, Senior Member.
.................................................................
Associate
Dated 28 February 2013
Date of hearing 19 and 20 February 2013 Applicant In person
Counsel for the respondent Mr Charlie Clark
Solicitors for the respondent Ms Kate Slack (Sparke Helmore)
0
2
0