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Accident Compensation Cases

Nicholl v Accident Compensation Corporation (DC, 29/09/09)

Judgment Text

Judge M J Beattie
This appeal was called for Directions on 22 September 2009 consequent upon the failure of the appellant to comply with a Directions Order made by this Court on 22 April 2009. 
By that Directions Order the appellant was required to file and serve his submissions in support of his appeal within 35 days of receipt of the notice. That Direction went on to state that in the event of failure to file such submissions this appeal and two others in a similar vein would be dismissed. 
This is the third appeal which came before the Court on 22 September 2009, where the appellant is seeking to litigate the same issue, namely whether his skin condition diagnosed as seborrheic dermatitis, is a condition for which cover and/or treatment costs can 
“be had, being a condition claimed to have been caused by stress arising from his covered lumbar sprain injury. ”
In the present appeal from the respondent's primary decision of 30 November 2007, the issue was the respondent's refusal to fund medication for that skin condition. 
As has been noted in the two earlier decisions given in respect of appeals called before the Court today, the issue of whether the appellant's skin condition is one for which cover and/or entitlements can be had, has been finally determined by the earlier decision of this Court in the appeal of Nicholl (Decision No.45/07) and the issue which is sought to be the subject of this appeal must now be considered to be res judicata. 
The Court has given two other decisions in relation to this same issue in appeals called before it on 22 September 2009, and the reasoning given in the dismissal of those applies apply equally to the present appeal. 
For the reason that the issue sought to be litigated is an issue which has been finally determined by the Court, this appeal is dismissed. 

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