Summary of Issue: Incapacity


Decision 25193 Full Text of Decision 25193

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability definition incapacity
Summary:

Capability is to be interpreted as meaning capable of performing work of some kind as an employee, as it is ordinarily done and under conditions in which employees under a contract of service ordinarily work. This will usually be related to the claimant's physical condition. A question of fact.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires grounds of appeal without regard for material
availability for work applicability definition
umpires grounds of appeal capricious finding meaning

Decision 16061 Full Text of Decision 16061

summary
Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work applicability definition incapacity
Summary:

The requirement in 14(a) that a claimant must be capable for work refers to physical capability in the sense of being physically well or not being subject to some restraint which makes the person unable to work.

other summary
Other Issue(s): Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
availability for work incompatible situations health reasons
umpires grounds of appeal capricious finding req'd
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