Date of decision: 9 March 2017
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Date of decision: 9 March 2017
Application for leave to appeal / reviewer confirmed Corporation’s decision declining claim for earnings related compensation / applicant sought leave to appeal reviewer’s decision 20 years later / Corporation has since destroyed file and most of the evidence relied upon / Authority dismissed application for leave to appeal out of time due to inordinate period of delay, inadequate explanation for delay and prejudice to Corporation / overall interests of justice did not favour an extension of time being granted / HELD / sections 59, 108(11) and 111, Accident Compensation Act 1982 / section 391(1), Accident Compensation Act 2001 / Bondarenko v Accident Compensation Corporation HC Wellington, CIV-2006-485-555, 23 February 2007 / Harrild v Director of Proceedings  3 NZLR 289 / Kenyon v Accident Compensation Corporation  NZAR 385 (HC) / Murray v Accident Compensation Corporation  NZHC 2967 / O’Neill v Accident Compensation Corporation DC Wellington No. 250/2008, 8 October...
Date of decision: 7 October 2016
Appeal of Reviewer’s Decision / Corporation declined application for weekly compensation / review of Corporation decision dismissed as appellant failed to attend review hearing / no reasons provided / appeal application lodged at the Authority did not contain any particulars of reviewer’s alleged errors of fact or law / HELD / section 108(1), Accident Compensation Act 1982 / McDougall v Accident Compensation Corporation (1983) 4 NZAR 85 / appellant failed to apply for leave to appeal out of time with submissions, as requested by Authority / appeal dismissed
Appeal of Reviewer’s Decision / while Corporation initially declined cover for mental consequences of appellant’s injury, that decision was later revoked by the Corporation and coverage was granted / therefore, review application declined due to lack of jurisdiction / HELD / section 110, Accident Compensation Act 1982 / section 390, Accident Compensation Act 2001 / no statutory prohibition against revising a decision / grounds raised on appeal to Authority do not arise out of relevant decisions by the Corporation or reviewer / no dispute or live issue to be decided on appeal / review decision confirmed / appeal dismissed / no jurisdiction to award costs
Date of decision: 21 June 2016
Decision date: 3 March 2016. Earnings related compensation / appellant sustained gunshot injury to his finger in 1975 and received ERC for two months following accident and returned to employment / appellant’s finger stump then amputated and a short period of ERC followed but employment thereafter unclear / in May 2012 appellant claimed back dated and ongoing ERC from the 1975 injury which was declined by Corporation and dismissed on review / retrospective claim for ERC from April 1975 until 1982 Act was repealed / HELD / sections 113 and 114 Accident Compensation Act 1972, sections 59 and 60 Accident Compensation Act 1982 / Notman v Accident Compensation Corporation  NZACC 237 / Authority needs “clear and cogent” evidence of entitlement, having regard to the importance of the decision to both appellant and the Corporation and bearing in mind the appellant’s failure to make a timely application deprived the Corporation of the opportunity to monitor the claimed entitlement over mo...
Date of decision: 16 December 2015
Date of decision: 8 October 2015
Date of decision: 14 September 2015
Decision date: 9 September 2015.
Date of decision: 31 August 2015
Date of decision: 31 August 2015
Date of decision: 4 August 2015
Date of decision: 11 June 2015
Date of decision: 5 June 2015
Date of decision: 12 May 2015
Decision date: 21 April 2015. Attendant care / medical misadventure / appellant suffered serious brain injury in 1987, shortly after birth, as result of meningitis / covered for consequences of late diagnosis and treatment of meningitis, not for illness itself / retrospective claim for payment for attendant care provided by parents from date of birth until 1982 Act repealed / HELD / section 80(3), Accident Compensation Act 1982 / Accident Rehabilitation and Compensation Insurance Corporation v Campbell .
Decision date: 2 april 2015. Percentage of permanent incapacity / matter settled between appellant and ACC / appeal vacated / orders by consent: ACC decisions quashed and full review on amount payable for permanent incapacity ordered; ACC to pay reasonable costs of appeal.
Decision date: 27 March 2015. Earnings related compensation / application for leave to appeal out of time / application made 33 years late / applicant has cover for facial fractures and psychological injuries suffered in forestry accident in 1979 / ACC paid ERC for a time then ceased payment due to difficulty establishing earnings prior to accident / applicant was self employed contractor at time of accident, had had intermittent employment in the preceding year and was contracted to begin work as a mechanic the following month.
Decision date: 4 February 2015. Rehabilitation / self employment grant / appellant has cover for back injury suffered in 1984 / appellant received earnings-related compensation and agreed to build up hobby farm as form of rehabilitation to become self-sufficient / ACC declined self-employment grant / appellant put considerable money into farm, but was not able to earn enough to become independent / appellant now seeks to recover costs and losses of building up farm, or $5000 entitlement.
Decision date: 7 November 2014. Earnings related compensation / leave to appeal application / applicant has cover for diving accident causing tetraplegia / prior to accident applicant was training and working as farm cadet / applicant received ERC / following accident he worked part time in office for several years receiving top-up ERC / applicant’s health deteriorated and he found it difficult to do the job / he took prolonged period of sick leave before returning to work at reduced hours / applicant then took one year paternity leave to assist disabled wife with difficult pregnancy before resigning to become full-time father and house-husband and carer for ailing wife.
Decision date: 31 October 2014. Leave to appeal application / rate of payment for backdated attendant care / applicant covered for motor vehicle accident causing tetraplegia in 1991 / ACC provided limited care following accident and applicant was required to rely on family to fill remainder of his care needs / Authority previously found applicant entitled to a significant period of backdated registered nursing care on a daily basis / ACC agreed to fund 24 hour registered nursing care at agency rate and advised applicant of its calculation of registered nursing rates for the backdated period.
Decision date: 7 October 2014. Recall application / claim for cover for alleged medical misadventure in 1978 / applicant had symptoms of panic, rapid heart-beat and palpitations / doctor prescribed anti-depressants which ultimately aggravated palpitations and hypertension / ACC declined cover / in 1987 Authority upheld decision as medication prescribed was not unusual and reaction to drug was not serious / in 2013 Authority declined application for leave to appeal out of time as there was no question of law or general public importance arising / in 2014 High Court declined special leave to appeal out of time.
Decision date: 20 August 2014. Earnings related compensation / rate of payment / cover for back injury sustained while working as carpenter in 1976 / following a period of full-time duties appellant became totally incapacitated from July 1985 / resumed lighter duties part-time, at higher pay rate, for one month in 1986 before his employment was terminated / ACC ceased paying ERC as it regarded his incapacity no longer related to injury / Authority overturned ACC and reinstated ERC, directing ACC to calculate it on 1986 earnings.