Work-related gradual process injury s 30 Accident Compensation Act 2001. Appeal against decision dismissing an application for review of decision declining claim for work-related gradual process injury. Outcome: appeal allowed.
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Work-related gradual process injury s 30 Accident Compensation Act 2001. Appeal against decision dismissing an application for review of decision declining claim for work-related gradual process injury. Outcome: appeal allowed.
Ruling pursuant to r 9(5) of the District Court (Access to Court Documents) Rules 2017. Outcome: access to documents not to be provided.
Suspension of entitlement for non-compliance ss 72(1) and 117(3) Accident Compensation Act 2001. Appeal against decision to dismiss an application for review of the Corporation's decision to suspend weekly compensation for non-compliance. Outcome: appeal dismissed.
Entitlement to surgery Section 64 and Schedule 1 Accident Compensation Act 2001. Appeal to claim payment for back injury requiring surgery. Outcome: Appeal allowed.
Vocational independence s 107 Accident Compensation Act 2001. Suspension of weekly compensation entitlement. Outcome: decision of reviewer upheld; appeal dismissed.
Late application for review – s 135 Accident Compensation Act 2001. Corporation declined late application for review. Outcome: appeal dismissed.
Suspension of Weekly Compensation s 117(1) Accident Compensation Act 2001. Whether there was sufficient basis to decide Appellant no longer entitled to weekly compensation. Outcome: appeal dismissed.
Treatment Injury ss 32(1) and 33 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Outcome: appeal dismissed.
Suspension of Entitlements s 117 Accident Compensation Act 2001. Appeal against decision to suspend Appellant's entitlements for covered back injury. Outcome: appeal allowed.
Accident s 25, Personal Injury s 26 and Vocational Independence s 6 Accident Compensation Act 2001. Appeal against decision declining cover, decision advising that appellant had achieved vocational independence in two work types and decision declining cover of an injury as a consequence of treatment for a covered injury. Outcome: appeal against decision to decline cover of an injury as a consequence of treatment for a covered injury allowed, other appeals dismissed.
Vocational Independence s 8, s 80, ss 107-110 Accident Compensation Act 2001. Whether ACC correctly decided Appellant was vocationally independent in three work types. Outcome: appeal dismissed. Reviewer's decision that modified Appellant's vocational independence to two work types upheld.
Appeal under s 151 of the Accident Compensation Act 2001. Applicant declined elective surgery and declined payment of weekly compensation. Outcome: appeal allowed.
Work-related personal injury, gradual process personal injury and natural justice – ss 20(2)(g), 28, 140 and 142 Accident Compensation Act 2001. Appeal against decision granting cover for a gradual-process condition secondary to an earlier injury covered by the Corporation. Corporation was not notified of review hearing. Outcome: appeal allowed, decision quashed and remitted back for review to be conducted afresh.
Weekly compensation s 103(2) Accident Compensation Act 2001. Appeal against decision declining weekly compensation on basis there was insufficient evidence of link between incapacity and injury suffered in an accident. Outcome: appeal allowed.
s 25 - Accident: s 26 - Personal Injury; Causation; Accident Compensation Act 2001. Respondent declined cover for lumbosacral discitis on grounds that there was no causal link between discitis and a covered accident. Outcome: appeal allowed.
Treatment Injury ss 26(1)(c) 32 and 33 Accident Compensation Act 2001. Overwhelming weight of evidence that there was no treatment injury. Outcome: appeal dismissed.
Causation; Deemed Decision s 48 Accident Compensation Act 2001. Appellant declined cover for disc herniation. Outcome: appeal dismissed.
Issue Estoppel; Causation s 26 Accident Compensation Act 2001. Appellant declined cover for regional pain syndrome. Outcome: appeal allowed.
Measurement of Hearing Loss - Personal Injury s 26(1A) Accident Compensation Act 2001. Appellant declined cover for work-related hearing loss on basis that loss was less than 6% threshold. Outcome: appeal allowed, cover granted.
Incapacity for Work s 103(1)(a) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant was considered to be an earner at the date of the accident. Outcome: appeal allowed.
Causation s 26 Accident Compensation Act 2001. Appellant declined funding for lumbar surgery. Outcome: appeal allowed.
Whole Person Impairment pt 4 sch 1 Accident Insurance Act 1998. No longer entitled to receive independence allowance because level of whole person impairment less than 10% threshold. Outcome: appeal dismissed.
Incapacity for Work s 103(2) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant incapacitated for his pre-injury employment between those dates.Outcome: appeal allowed.
Costs decision. Outcome: appellant awarded $3,447.
Vocational Independence s 109 and s 113 Accident Compensation Act 2001. Determination of date on which appellant no longer had vocational independence. Outcome: appeal dismissed.