In
Carrington v State of NSW (Department of Education)
[2020] NSWDC (unrep, Robison DCJ, 6 October 2020), the NSW District
Court dismissed the plaintiff s motion seeking leave to proceed
with her work injury damages ( WID ) claim out of time
under Section 151D of the
Workers Compensation Act 1987
(NSW) ( the Act ).
Whilst Judge Robison considered the usual issues of explanation
of delay and prejudice in his decision, emphasis was placed on the
weakness of the plaintiff s claim in negligence and the
inadequacy of the pleadings that had been filed, as being critical
to the reason not to grant leave to proceed.
Background
On 20 June 2012 the plaintiff, Ms Carrington, suffered an injury
Canadian Charter of
Rights and Freedoms (the
Canadian
Charter or the
Charter.
Vancouver s Cambie Surgery Centre (the
Cambie
Clinic ) was the primary plaintiff in the action. The
Cambie Clinic is a privately-owned surgical clinic, which offered
medically required physician services that would typically be
categorized as benefits under the provincial health
insurance plan. The Cambie Clinic was of the position that, due to
long wait times in the public system, patients should be able to
exercise a choice to pay for private care to avoid such wait times.
This case concerned whether the Cambie Clinic could offer these
medically required services in contravention of the MPA, which
Rob Rattenbury: ACC doesn t deserve the bad rap people give it
13 Dec, 2020 08:00 PM
5 minutes to read
ACC doesn t deserve its bad rap, writes Rob Rattenbury. Photo / Getty Images
OPINION
Recently I saw a news item about a very skilled and talented musician, an oboist, who suffered a spinal cord injury, a broken neck, in a mountain bike accident. This resulted in him spending many months in Burwood Spinal Unit in Christchurch, undergoing intensive physical rehabilitation in an effort to be able to walk again.
He was very lucky and, with the passage of time, the skills of his therapists and funding from ACC, along with his own fierce determination, he now has his life back, playing the oboe again in his orchestra.