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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.
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.
Claim for costs on appeal. Director of appellant company sought $2,159 and $1,079.50 awards of costs. No jurisdiction to award costs to self-represented litigants. Outcome: claim dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeals out of time. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeals out of time. Interests of justice established for appeal. Outcome: appeal granted.
Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001. Whether condition caused by accident injury. Appellant failed to establish on balance of probabilities that condition was caused by accident. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s151, Accident Compensation Act 2001. Whether interest of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Delay arose out of health issues. Outcome: application granted.
Leave to Appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Appellant failed to establish error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Personal injury, causation, s 26 Accident Compensation Act 2001. Appeal against review decision declining cover. Whether right knee medial compartment osteoarthritis caused by accident. Evidence shows condition present before accident. Outcome: appeal dismissed.
Impairment Assessment - Accident Compensation Act 2001, Schedule 1, Part 3. Appeal against review decision assessing impairment. Whether impairment correctly assessed. Held: Corporation correct to decline lump sum and independence allowance. Impairment correctly assessed in accordance with statutory provisions. Outcome: appeal dismissed.
Leave to Appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Appellant failed to establish error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for cover and entitlement to surgery – ss 20, 25, 26, 67 Accident Compensation Act 2001. Whether Corporation correctly declined appellant’s claim for cover and surgery funding. Weight of evidence suggested appellant’s symptoms not due to fracture from accident but arthritic process. Corporation correctly declined cover and surgery funding. Outcome: claim dismissed.
Claim for personal injury - s 26 Accident Compensation Act 2001. Appeal against review decision declining cover. Whether attempted suicide met criteria for being a personal injury. Corporation should address appellant's claim in context of treatment injury and Court of Appeal's recent judgment. Corporation to undertake fresh assessment. Outcome: appeal allowed.
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.
Claim for deemed cover – s 58 Accident Compensation Act 2001. Whether appellant entitled to deemed cover for chronic regional pain syndrome. Appellant never made claim for cover for syndrome, only for original injury, therefore not entitled to deemed cover. Outcome: appeal dismissed.
Leave to Appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Appellant failed to establish error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
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.
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.
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.
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.
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 on the issue of a claimed treatment injury. Appellant has not established District Court judge made an error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
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.
Claim for costs on appeal - pt 14, District Court Rule 2014. Appellant suffered covered injury of an open wound of the left lower leg. Appellant entitled to weekly compensation. Whether appellant entitled to proceeding costs. Outcome: appeal allowed.
Causation and Entitlement to Surgery – s 67 and Schedule 1 Accident Compensation Act 2001. Whether Corporation wrong to decline cover and surgery costs on basis Appellant’s injury was degenerative, not caused by accident. Appellant’s condition caused or contributed to by 1974 accident, Corporation’s decision declining cover wrong. Outcome: appeal allowed.
Appeal against a review decision. Rehabilitation - Social, Accident Compensation Act 2001, Schedule 1, Part 1 Clauses 21, 22(2)(e), 22(2)(f)(ii). Appellant was involved in a motor vehicle accident. ACC funded a modified vehicle for him. The vehicle was impounded and appellant arranged a different vehicle. A later vehicle provided by ACC was also impounded and lost to the appellant. ACC declined to fund another vehicle on the basis it had already met the appellant's injury-related transport needs and the vehicle had been disposed of without reasonable excuse. Found that ACC would fund a replacement vehicle at the point when appellant's last vehicle would have reached the end of its usable life. Outcome: appeal dismissed.