Time and Again, Vol. 1

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The Court held that it could not be said that the appeal would have no practical effect or result. On the contrary, the appeal would have a practical effect on innumerable instances of litigation involving the RAF as a litigant. The Court further held that the decision as to whether the injury suffered by the claimant was serious was an administrative function to be made by the RAF, and ultimately the appeal tribunal, and not the court. Willis JA Maya, Shongwe JJA, Van Zyl and Mocumie AJJA concurring held that although in terms of s 16 2 a i of the Superior Courts Act 10 of , the Court had power to simply dismiss the appeal on the ground that it would have no practical effect or result, in this case it was in the public interest to hear the appeal, which involved statutory interpretation, as there were a large number of similar cases, both existing and anticipated, in which the issue would need to be resolved in the near future.

If the court were to fail to decide the appeal on its merits, the prevailing confusion would continue unabated as the question was bound to arise again. The fact that in terms of regulation 3 3 d ii the RAF could, after rejecting a serious injury assessment report furnished by the third party, refer such party to further assessment to ascertain whether the injury suffered was serious, and that at its own cost, could only mean that the RAF not only had a right in terms of the regulations to dispute the assessment of its medical practitioner expert but also had a right to refer the dispute to the appeal tribunal provided for in the regulations.

Under the new legislative scheme the RAF was not bound by the views of its own expert.

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As the court indicated in Road Accident Fund v Duma and Three Similar Cases [41] in terms of the Act as amended, the position is now that unless the RAF is so satisfied that the injuries suffered are serious, the third party simply has no claim for general damages. That much appears from the stipulation in regulation 3 3 c that the Fund shall only be obliged to pay general damages if the Fund — and not the court — is satisfied that the injury has correctly been assessed in accordance with the RAF 4 form as serious. Unless the Fund is so satisfied the plaintiff simply has no claim for general damages.

This means that unless the plaintiff can establish the jurisdictional fact that the Fund is so satisfied, the court has no jurisdiction to entertain the claim for general damages against the Fund. Stated somewhat differently, in order for the court to consider a claim for general damages, the third party must satisfy the Fund, not the court, that his or her injury was serious.

Assessment of seriousness of the injury under the narrative test has a built-in trap for the unwary if not done at the right time. Moreover, if the dispute were eventually to be referred to the appeal tribunal, the issue of a rejected narrative test finding would also be raised and accordingly be considered. On the other hand, if the issue of narrative test was not raised during assessment by the assessing medical practitioner, it would equally not be raised as a ground of referral of the dispute to the appeal tribunal and would as a result not be considered even though had that been done, it could, in an appropriate case, have made a difference.

It is doubtful that such would be the case. After all, finality in dealing with matters of this nature is important. Failure to do a narrative test assessment could very well bar a claim of the third party which, had the assessment been done right away and at the initial stage, could have made a difference. This is so in that whereas the WPI percentage is variable, it is unlikely that a properly done narrative test assessment, say loss of foetus, could change.

The outcome of a properly done narrative test assessment is most likely to remain the same.

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Briefly, the MMI is a period which has elapsed after the collision and, due to medical treatment that the third party would have received, it could be said with much confidence that not much further improvement in the condition of the third party, relative to the injury suffered, could be expected to ensue. Therefore, it takes time and medical treatment to reach maximal medical improvement. It was the contention of the RAF that at the time of assessment of the respondent after two months of the collision, it was just too early for him to have reached maximal medical improvement and therefore too soon to have assessed his injury as serious as there was plenty of time for his condition to improve.

In this respect it should be noted that while there is a need to wait for maximal medical improvement, which takes time, the regulations provide that the third party should not wait for such improvement to occur before lodging the claim and submitting the serious injury assessment report if doing so would result in the claim becoming prescribed. The SCA reached two sweeping conclusions which can conveniently be dealt with together.

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First, medical experts are chosen precisely to assist in the assessment of matters lying within their field of expertise. Secondly, the RAF itself, including its administrative staff, is not an expert in medical matters. Thirdly, the RAF uses a panel of selected medical experts chosen for their expertise. For it to find the opinion of its own experts unhelpful so as to warrant its rejection is troublesome. This is even the more disconcerting when the rejected expert opinion is not a stand-alone but is supported by the second opinion of another expert in a joint minute.

This raises an interesting question whether the RAF needs further assessment of the injuries of the third party in the first place if it can freely reject not only the first assessment but also the second one, including a supporting joint minute. Any reservations about the general proposition apart, it would seem that in this case the RAF had good reasons for rejecting the serious injury assessment report of its own expert and the joint minute that followed.

In respect of para 5. For him to have agreed in the joint minute that the injuries suffered by the respondent were serious was inconsistent with his assessment and could accordingly not be said to have satisfied the RAF that the assessment had been correctly done as required by the regulations.

The rejection of the joint minute was therefore not arbitrary. Alternatively, the RAF would also ask for postponement of adjudication of the claim pending finalisation of the dispute resolution procedure as provided for in the regulations. In the Faria case the contention, which the court found to be correct, was that postponement of general damages adjudication was the correct route that the High Court should have followed instead of dealing with the issue before finalisation of the dispute adjudication procedure.

Nevertheless, because of the mootness of the issue between the parties, the SCA was simply asked to set aside the award of general damages to the respondent, [57] which order was granted. Postponement of the issue of general damages as the correct route to follow was dealt with in an earlier decision of the SCA in Road Accident Fund v Lebeko [59] where Pillay JA held that while the special plea of non-compliance with the regulations fell to be upheld, it was nonetheless dilatory in nature.

In this respect regulation 3 5 a provides that if the Registrar is not notified that the rejection or further assessment is disputed within the time period provided for in sub-regulation 4 , that is within 90 days, the rejection or assessment becomes final and binding unless an application for condonation for late notification is lodged with the Registrar and eventually granted by the appeal tribunal. Therefore, a third party who proceeds with the claim for general damages to trial would be well-advised to lodge the dispute with the Registrar in the meantime, and that before the expiration of the given period of 90 days to avoid prescription thereof, since if condonation is not granted, rejection of serious injury assessment or further assessment becomes final and binding.

It follows that all serious injury assessment disputes in the whole country have one destination. Therefore, it does not require much imagination to appreciate the magnitude of the backlog that the appeal tribunal should be facing. In practice it takes anything from one to two years before the appeal tribunal makes a ruling on a serious injury assessment dispute. While somewhat detrimental, this is a necessary evil.

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To tell a story with as much complexity as this requires some setup and obviously that will happen at the beginning. Hopefully this will end up paying off with future volumes. The art in Blood is great by itself but is made even better by how well it meshes with the story it is telling. The art is done with a little less detail than many works, but this is a very good thing. It makes the pages look crisp and fresh while also infusing them with color and attitude. I personally got large waves of nostalgia for the old animated Hercules Disney movie throughout looking at this book. To match the gods newer attitudes and character, the gods have also received really neat new looks as well.

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These redesigns are great and make the gods fit in perfectly with this theme of the real world meeting Greek mythology. In Greek legend and in most other comics about the Greek gods, the gods are shown mostly as just super buff people dressed in Greek clothing. This comic breaks form and depicts them each differently with a build and clothing to match their specific powers. This is a fantastic take on the overuse of Greek mythology in media and helps contribute to the story being fresh and new again.

Wonder Woman Vol. The story here continues in Wonder Woman Vol. All Wonder Woman Reviews. Next Volume Review. Revised codes and enhanced guidelines can lay the groundwork for an expanded public health role in housing quality consultation, education, and enforcement. Local public health agencies need guidelines in order to respond to concerns about housing quality brought to them by the public, community organizations e.

These agencies must have the capacity to assess whether units meet standards, to educate property owners and builders about how to implement guidelines, and to impose sanctions if standards are not met. Some owners of substandard property, especially landlords who own only a few units, lack the resources to improve their properties.

Public health can take the lead in advocating for policies and resources to assist them. Evidence is accumulating that Healthy Homes programs yield measurable health benefits. These programs are popular with the public and current capacity cannot meet demand.

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Options for expansion include increasing program staffing and incorporating Healthy Homes activities into the regular duties of other home visitors e. Advocating for payment by health insurers for some of these activities in the context of health assessment and education for patients with asthma may help fund this expansion. Many state and local health departments produce community health assessment reports, yet few include measures of housing quality and resident satisfaction with housing.

Special reports that describe housing status in more detail, using qualitative as well as quantitative methods and incorporating visual documentation of housing conditions, could be powerful tools to focus attention on housing issues. Such assessment data could be invaluable for housing advocates attempting to improve housing in their communities.

For example, the documentation in prose and photos by Jacob Riis of tenement conditions in New York City in the late s helped intensify the tenement reform movement. A single public health agency cannot achieve the goal of ensuring access to healthy housing and building healthy neighborhoods.

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For example, the revision of housing codes and development of guidelines discussed above will require collaboration with other government agencies that regulate housing construction, tenants, community housing advocacy groups, nonprofit housing organizations, community development corporations, builders, home owners, landlords, architects, and urban planners. Public health representatives can participate in local planning processes and offer consultation to housing agencies and developers. They can encourage the use of Health Impact Assessment , methods to consider the health implications of new construction and zoning decisions.

They can encourage development of policies and actions that incorporate the principles of healthy housing into housing construction and maintenance. They can advocate for the design of healthy communities that offer opportunities for physical activity, social interaction, and community building activities.

Public health workers can collaborate with community housing advocates by providing them with assessment data, offering technical assistance e. Working closely with advocates and residents, public health workers can also develop culturally appropriate educational materials that explain healthy housing guidelines.

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Closer collaboration with public housing agencies will protect the health of the most vulnerable populations. Partnering to make public housing units safe and healthy, supporting health promotion and community building activities, and developing mechanisms to identify children whose health is adversely affected by housing conditions and to rehouse them promptly are only some of the possibilities. Public health workers should take the lead in advocating for housing policies that ensure access to affordable, healthy housing units and the elimination or remediation of unhealthy housing stock. Burridge and Ormandy note:.

The deficiencies in the housing stock will not be remedied by the waving of some legislative wand. At best, legal intervention can provide some normative standards for fiscal or coercive action, and a framework for intervention. Deeper solutions lie in the political arena. There is a pressing need for a public housing policy which embraces the perspectives of public health and the maintenance of a healthy national housing stock. Other arenas for advocacy include providing energy assistance for people with low income, expanding medical insurance coverage for items that make homes healthier e.