Appeals on the Merits

This article deals with the limitations of judicial review and the possibilities of its augmentation or replacement by a regime of appeals on the merits. The author questions some assumptions that are commonly made about appellate structures. He criticizes the broad-brush approach and warns that there is no panacea. The article explains why any broad regime of appeals on the merits from tribunals to courts of general jurisdiction is not an available option, and it discusses alternative structures of appeals to tribunals. Finally, it explains why it would be irresponsible to propose any appellate structure covering any substantive subject except in the context of a comprehensive study of that subject

Changes to the Accident Compensation System: An International Perspective

New Zealand has had a comprehensive accident compensation scheme since 1974. In 1992 substantial alterations were made to the scheme. Professor Ison, one of the world\u27s most respected authorities on the subject, is critical of both the changes and the process by which those changes were determined. Among other things, he notes the disincentives to rehabilitation, the major drawbacks in experience rating, and the revival of adversarial processes. The article is a revision of a staff seminar that was presented at the Faculty of Law, Victoria University on 16 March 1993 while the author was a visiting professor

Statistical Significance and the Distraction of Scientific Proof

The related topics of statistical significance and the distraction of “scientific proof” are sometimes critical to an understanding of expert evidence. This article relates primarily to the causes of disability and death in the context of claims for damages, workers’ compensation, motorvehicle insurance benefits, disability insurance, claims under some other types of insurance, and military pensions for disabilities and deaths resulting from military service. This article can also be relevant in Charter cases,1 and in criminal proceedings, though comments on the burden and standard of proof would need to be modified for that context. It can also be relevant to academic research, public policy choices, and the roles of business corporations, universities, and professional bodies

A Historical Perpective on Contemporary Challenges in Workers\u27 Compensation

Workers\u27 compensation has entered a period of rising complexity and increasing pressures for system change. This article explains the extent to which important assumptions and assertions made in this process are historically correct. The discussion includes the historical interaction of tort liability with workers\u27 compensation, and the current proposals for privatization

The Therapeutic Significance of Compensation Structures

This article deals with the therapeutic significance of claims for damages and other types of compensation, and of the processes relating to claims. It examines the influences of legal structures and processes in promoting the recovery of a patient/client from disablement, or in alleviating or aggravating the development of a disability. It is concerned in particular with the spill-over influences of claims on the formation of medical opinions, on the selection of treatment, on patients\u27 responses to treatment, and on rehabilitation. The article examines the assumption that compensation systems promote a widespread psychological problem of secondary gain , monetary gain , or compensation neurosis . The author explains why the assumption exists and he examines its validity. The article provides a commentary relevant to the conduct of claims, and it also seeks to identify the therapeutic significance of structural alternatives in the design of compensation systems