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NZLII decisions for ACADCR

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  1. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [PDF, 315 KB]

    Weekly Compensation; shareholder-employee – s 15, Schedule 1 clauses 31, 39, 41, 42, Accident Compensation Act 2001. Whether Corporation exercised s 15(1)(b) discretion in error when deciding not to undertake s 15(3) calculation; whether Corporation correct that nil shareholder-earnings were reasonable representation of appellant’s earnings. Corporation was correct in determining appellant had nil earnings as shareholder-employee in relevant year for purpose of calculating base weekly compensation. Outcome: appeal dismissed.

  2. Van Wey Lovatt v Accident Compensation Corporation (Code of Claimant's Rights) [2024] NZACC 020 [PDF, 221 KB]

    Code of ACC Claimants’ Rights – s 40; Appeals process – s 149(3); Decision – s 6(1), Accident Compensation Act 2001. Whether Reviewer correctly declined jurisdiction in relation to appellant’s letter of complaint. Whether Court had jurisdiction to consider appeal. Appellant’s letter constituted complaint under Code; Reviewer had jurisdiction to hear and decide upon review. S 149(3) bar on Court’s jurisdiction did not apply. Outcome: appeal allowed.

  3. Estate of Buist v Accident Compensation Corporation (Revocation of Cover/Suspension of Entitlements) [2024] NZACC 017 [PDF, 331 KB]

    Revocation of cover; claim for personal injury; suspension of entitlements – ss 20, 26, 65, 117, Accident Compensation Act 2001. Whether Corporation’s decisions to revoke cover for pyogenic arthritis, to decline cover for shoulder injury, and to suspend entitlement to weekly compensation and home help, were correct. On basis of evidence, Corporation’s decisions were correct. Outcome: appeal dismissed.

  4. KI v Accident Compensation Corporation (Contribution to Cost of Treatment) [2024] NZACC 011 [PDF, 1.8 MB]

    Payment or Contribution to Costs of Treatment - Clause 1 and 2, Schedule 1 ACC Act 2001. Whether the Corporation was correct in declining to fund further costs of treatment and travel to attend treatment.  The Corporation was incorrect in declining costs for treatment and associated travel. Thus, the decision is reversed.  The appellant’s need for treatment arises from her head injury of 21 January 1992 and the subsequent head injuries she suffered. Outcome: appeal allowed.

  5. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 005 [PDF, 289 KB]

    Work-related gradual process injury – s 30(3) Accident Compensation Act 2001. Appeal against review decision declining cover. Whether appellant established work-related exposure to organic solvents caused chronic induced encephalopathy. Appellant established, on balance of probabilities, that chronic induced encephalopathy was caused by work-related exposure. Review decision set aside. Outcome: appeal allowed.

  6. MJ v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 220 [PDF, 195 KB]

    Claim for weekly compensation – clause 52, Schedule 1 Accident Compensation Act 2001. Whether the appellant, having reached the age of 65, and having been earlier entitled to weekly compensation for more than two years, is entitled to further weekly compensation. Whether the appellant, who had been granted cover for mental injury as a consequence of sexual abuse suffered, was entitled to the grant of cover for PTSD (as later diagnosed) as a new injury. The Corporation’s decisions declining weekly compensation and cover for further mental injuries were correct. Outcome: appeal dismissed.

  7. Dempsey v Accident Compensation Corporation (Late filing to the District Court) [2023] NZACC 218 [PDF, 144 KB]

    Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant requests cover for left inguinal hernia. Whether Appellant allowed to file appeal out of time. Appeal filed late due to lack of tangible form of proof within allotted time frame. Appellant established that the interests of justice require the exercise of the Court's discretion to sustain application for leave to file appeal out of time. Outcome: appeal allowed.

  8. Hill v Accident Compensation Corporation (Interest on weekly compensation) [2023] NZACC 216 [PDF, 212 KB]

    Claim for interest on backdated weekly compensation – s 114 Accident Compensation Act 2001. Whether Reviewer correctly dismissed review of Corporation’s decision determining interest on backdated weekly compensation. Interest had been correctly determined, except for one period in issue. Outcome: appeal dismissed, except for modification of Reviewer’s decision for period incorrectly calculated.

  9. Saunders v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 215 [PDF, 194 KB]

    Leave to Appeal to the High Court – s 162, Accident Compensation Act 2001. Whether Appellant should be granted leave to appeal to the High Court to determine whether Appellant is a person who is ordinarily resident in New Zealand. Appellant sustained injury resulting from a fall after spinal surgery in Australia. Appellant has not established sufficient grounds as a matter of law to sustain application for leave to appeal. Outcome: appeal dismissed.

  10. Brown v Accident Compensation Corporation (Claims Process) [2023] NZACC 213 [PDF, 170 KB]

    Claims process - s 54 Accident Compensation Act 2001. Whether the Corporation correctly declined the appellant's claim for cover for PTSD on the basis that it had not received all the relevant information that would enable it to make a decision. The Corporation failed to make a decision on reasonable grounds having regard to the requirement of the Act, the nature of the decision, and all the circumstances. Outcome: appeal allowed.