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Safeguard OSH Solutions - Thomson Reuters

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Accident Compensation Cases

Thomas v Accident Compensation Corporation (DC, 10/09/07)

Judgment Text

DECISION OF JUDGE M J BEATTIE 
Judge M J Beattie
[1]
The appellant lodged a Notice of Appeal with the Registry against a Review Decision given on 25 August 2006, the Review Reference Number being 45267. 
[2]
The issue in that Review was whether the appellant's Application for Review dated 20 March 2006 was a valid application. 
[3]
The Reviewer noted that the Review Application concerned the respondent's decision of 18 August 1997 ceasing his entitlement to weekly compensation. 
[4]
Evidence was given at that Review that the particular decision with which the appellant was concerned was currently the subject of an appeal to the District Court, being being Appeal Reference Number DCA 129/98. The Reviewer noted that that appeal was still extant. 
[5]
The Reviewer discerned from the appellant's oral and written submissions that he was seeking to have a ruling on a perceived delay in the process relating to issues concerning his weekly compensation entitlement. 
[6]
The present appeal, I find, is an abuse of process, the appellant seeking to canvass the very issue which is currently before the District Court in Appeal DCA 129/98, and which is presently part-heard before another Judge. 
[7]
The Reviewer was correct to rule that he had no jurisdiction to consider any further application relating to that same primary decision of the respondent, and I confirm the correctness of that Review decision. This appeal is dismissed. 

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