Highlights of Noteworthy Decisions

Decision 200 17 I
24/01/2017
S. Ryan
  • Employer (receivership)
  • Procedure (stay pending other proceedings)

The worker appealed a decision of the Appeals Resolution Officer denying entitlement to further benefits and psychotraumatic disability.

In a preliminary matter, the Vice-Chair considered whether a receivership order against the employer precluded the Tribunal from proceeding. The receiver submitted that no proceeding or enforcement process in any court or tribunal may be commenced or continued without written consent of the receiver of leave of the court.
The Vice-Chair agreed with Decision No. 1729/99 that a worker's appeal is not a proceeding against the employer but an appeal from the decision of the Board. The Vice-Chair also stated that the worker's appeal does not involve payment of money by the employer but rather, from the Insurance Fund.
The receivership order does not preclude the appeal from proceeding.