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NZLII decisions for ACADCR

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  1. Prasad v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 182 (18 November 2024) [PDF, 309 KB]

    Work Related Gradual Process Injury – s 30 Accident Compensation Act 2001. Whether glenohumeral joint osteoarthritis was caused by work-related gradual process. On evidence, Appellant’s work tasks did not cause or contribute to cause of glenohumeral osteoarthritis. Necessary elements for work-related gradual process injury not established. Outcome: appeal dismissed.

  2. Wenzlick v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 184 (18 November 2024) [PDF, 149 KB]

    Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of over six weeks. Delay arose out of understandable error on Appellant’s part as lay litigant. No history of non-cooperation or delay. Corporation did not oppose leave being granted. Interests of justice required exercised of Court’s discretion to sustain application for leave to appeal out of time. Outcome: application granted.

  3. Singh v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 178 (11 November 2024) [PDF, 149 KB]

    Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of 10 days. Delay arose out of error or inadvertence rather than change of mind. No history of non-cooperation or delay. Corporation did not oppose leave being granted. Appellant established interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

  4. Tierney v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 174 (6 November 2024) [PDF, 149 KB]

    Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of one day. Delay arose out of error or inadvertence. No history of non-cooperation, but present appeal was filed late, and formal application for leave to appeal with reasons was filed 18 days late without explanation. Corporation did not object. Appellant established interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

  5. Jukes v Accident Compensation Corporation (Personal Injury) [2024] NZACC 175 (4 November 2024) [PDF, 258 KB]

    Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001. Whether Corporation correctly declined cover on basis changes to Appellant's C7 were degenerative and not consequence of acute injury. Weight of evidence was that changes were degenerative. Corporation correctly declined cover. Corporation’s decisions declining entitlements flowing from such cover also correct. Outcome: appeal dismissed.

  6. Ward v Accident Compensation Corporation (Revocation of deemed cover) [2024] NZACC 173 (31 October 2024) [PDF, 177 KB]

    Cover issues/revocation of deemed cover – s 20 and s 65 of the Accident Compensation Act 2001. Whether Corporation’s decision revoking cover for hip and thigh sprain was correct. Whether Corporation’s decisions declining cover for disc prolapse and nerve damage and declining entitlement to weekly compensation was correct. No basis to infer accident caused injury to Appellant’s right hip leading to osteoarthritis. Corporation correct to cancel deemed cover. Corporation correct to decline entitlement to weekly compensation. Outcome: appeal dismissed.

  7. Watson v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 172 (30 October 2024) [PDF, 208 KB]

    Claim for work related gradual process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined cover for work-related gradual process injury. Not established Appellant performed employment task with particular property or characteristic that caused or contributed to the cause of his personal injury. Corporation correctly declined cover. Outcome: appeal dismissed.

  8. Van Der Vegt v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 169 (23 October 2024) [PDF, 211 KB]

    Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant did not provide satisfactory reasons for three-month delay in filing appeal. Corporation confirmed it was unlikely to be prejudiced by delay and did not oppose leave being granted. On balance, Appellant established interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

  9. Ferguson v Accident Compensation Corporation (Work-related gradual process injury) [2024] NZACC 167 (22 October 2024) [PDF, 295 KB]

    Claim for work-related gradual process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined work-related gradual process injury cover for Appellant’s right wrist tenosynovitis. Appellant satisfied requirements for cover for work-related gradual process injury. Corporation directed to grant Appellant cover as soon as possible and proceed to assess his entitlements accordingly. Outcome: appeal allowed, review decision quashed.

  10. Walters v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 168 (22 October 2024) [PDF, 207 KB]

    Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of over three months. Delay arose out of circumstances beyond Appellant’s control. No history of non-cooperation. Delay did not prejudice Corporation. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

  11. Estate of N Kearney v Accident Compensation Corporation [2024] NZACC 162 (14 October 2024) [PDF, 229 KB]

    Treatment Wound - s 32 Accident Compensation Act 2001. Claim by estate arising out of the management of a sacral pressure wound in the period immediately prior to deceased's death. No medical evidence that sacral pressure wound was infected. No evidence that the treatment plan adopted was not appropriate in the circumstances. Therefore no basis on which to find that the causes of death were other than those set out on the death certificate. Outcome: appeal dismissed.

  12. Richardson v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 161 (7 October 2024) [PDF, 247 KB]

    Claim for work-related gradual process injury – s 30 Accident Compensation Act 2001. Scapholunate advanced collapse (SLAC) injury to wrist. Appeals against decision to decline cover for a work-related-gradual process injury and decline weekly compensation. Court satisfied on the basis of medical evidence that Appellant performed an employment task that had a particular property or characteristic that caused, or contributed to the cause of, his personal injury. Outcome: both appeals allowed.

  13. SG v Accident Compensation Corporation (Lack of Jurisdiction) [2024] NZACC 158 (2 October 2024) [PDF, 158 KB]

    Lack of Jurisdiction – s 54, 64 and 134(1)(b) Accident Compensation Act 2001. Appeal against review decisions dismissing Appellant’s applications regarding unreasonable delay and lack of decision by the Corporation. Reviewer correct to conclude no jurisdiction to proceed with reviews as decisions had been issued before hearings. Corporation’s communications lacked clarity and caused uncertainty, therefore Appellant acted reasonably in applying for review. Outcome: first Decision as to costs quashed and costs awarded in Appellant’s favour. Appeal from Second Decision dismissed.

  14. Arnold v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 157 (2 October 2024) [PDF, 175 KB]

    Claim for weekly compensation – ss 52-53, Accident Compensation Act 1982. Whether historical benefit of motor vehicle provided to Appellant for employment purposes was correctly incorporated into Corporation’s calculation of earnings for weekly compensation entitlement purposes. Corporation received advice on full value of vehicle. Corporation used apportioned rather than full value in calculating weekly compensation. In absence of any other independent valuation, full valuation fairly and reasonably represented value of vehicle. Outcome: appeal allowed.