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Appeal regarding a decision made by the respondents declining the appellant’s claim for an additional lump sum payment under ss 78 and 79 of the ACC Act 1982. Held: error made in initial payment to the appellant was identified in a preceding case and remediated by the respondents by the payment of an independence allowance to the appellant. Parliament clearly wished to replace lump sum compensation with an independence allowance under Accident Insurance Act 1998. Appeal is dismissed.
Leave to appeal– s 162 Accident Compensation Act 2001. Application for leave to appeal a decision ceasing entitlement. No question of law arises. Outcome: claim dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to illness. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay arose out of understandable inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Costs. Whether Appellant can claim costs for representation by their wife. Appellant could not establish that his wife satisfied all essential elements of what the law presently requires of an advocate. She was supporting her husband as a spouse. Outcome: claim dismissed.
Treatment Injury – s32 and 33, Accident Compensation Act 2001. Appeal against decision declining cover for a treatment injury. No evidence that the appellant suffered a personal injury caused by treatment. Outcome: appeal dismissed.
Claim for cover and request for surgery funding; suspension of entitlements; clause 1 Schedule 1 and s 117 of the Accident Compensation Act 2001. Whether there is need for further surgery and ongoing rehabilitation payments. Lack of evidence that need for surgery and ongoing payments caused by injury and is not merely aggravation of pre-existing condition. Outcome: appeal dismissed.
Personal Injury - Causation Section 25 Accident Compensation Act 2001. Appeal against decision declining appellant’s request for a driving assessment and home help. The Corporation’s decision to decline cover was incorrect. Outcome: appeal granted.
Application for leave to appeal a decision regarding changing ACC levy classification unit and a request for a new classification unit to be created. Held: ACC correctly decided that on the levy classification that most accurately described the appellant’s business activity and it could not create a new classification unit under s239 of the Act. Appeals are dismissed.
Appeal from a decision by a reviewer regarding the respondent declining to cover the appellant cover for asthma as a work-related gradual process injury. Appellant has not proved on balance of probabilities that he suffers from a Schedule 2 disease therefore not entitled to cover for occupational asthma as a work-related gradual process injury.
Weekly compensation - cl 36, Schedule 1, Accident Compensation Act 2001. Appeal of appellant's pre-incapacity earnings to determine whether his weekly compensation was correct. The Corporation was correct in calculating the appellant’s compensation. Outcome: appeal dismissed.
Appeal under s 149 Accident Compensation Act 2001 for declining of cover for personal injury. Whether sufficient medical evidence to support a fracture or disruption of pelvis having been sustained. Outcome: appeal dismissed
Reserved Judgement, Personal injury - s 26(2) Accident Compensation Act 2001. Whether the appellant's injury was caused by a pre-existing condition or as a result of an accident in 2019. The appellant’s injury was contributed to by an accident in 2019, rather than a pre-existing or degenerative-related condition. Outcome: appeal granted.
Application for leave to appeal a decision regarding respondent declining to fund equipment and home and community support services. Held: respondents prematurely terminated its support services for the appellant. Appeal is allowed.
Claim for personal injury caused by a series of events – s 25(1)(a)(i), Accident Compensation Act 2001. Appeal decision of whether applicant’s personal injury was caused by a series of events or a gradual process. Insufficient evidence the appellant’s condition was a personal injury. Outcome: appeal dismissed.
Alleged delay and requested funding for social rehabilitation ss 134(1), 79 and 84 Accident Compensation Act 2001. Appeal against decision to change social rehabilitation funding. Respondent correctly exercised their discretion and the change in funding reflected the change in circumstances. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice require the exercise of the Court’s discretion to sustain his application for leave to file his appeal out of time. Delay did not arise out of error or inadvertence. Outcome: appeal dismissed
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001.Whether the interests of justice require the exercise of the Court’s discretion to sustain his application for leave to file her appeal out of time. Appellant’s delay arose out of the error or inadvertence of her advocate. 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. Delay arose out of understandable error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Leave to appeal a reviewer’s decision. Application for leave to appeal a decision declining the applicant’s claim for weekly compensation based on loss of potential earnings (LOPE). Insufficient evidence that the applicant was actively studying or training for an occupation, career, or profession, which he intended to take up on completing his study or training subject to the one-year limitation, after his accident, to lodge his claim for compensation.
Independance allowance - Schedule 1 Part 4 Accident Insurance Act 1998; ss 48,51,52 Accident Compensation Act 2001. Appellant claims independence allowance for mental injury consequent on physical injury should be backdated to date of physical injuries. Court finds appeal seeking backdated payments cannot be sustained. Outcome: appeal dismissed.
Claim for treatment injury - Sections 32 and 33 Accident Compensation Act 2001. Whether the appellant is entitled to a cover for a treatment injury for a stroke following right shoulder arthroscopy surgery. Based on the evidence, appellant's stroke was not caused by the treatment, but by the underlying carotid artery disease. Outcome: appeal dismissed.
Costs. Costs claim for review applications. Claim application delayed. Outcome: Length of delay was unacceptable. Appeal dismissed.
Leave to appeal to the High Court - section 162 Accident Compensation Act 2011. Whether the appellant was vocationally independent and should her weekly compensation continue. No questions of law arise in this case. Previous decision applied correct legal tests based on the evidence and correct to find appellant was vocationally independent and her weekly compensation should cease. Outcome: appeal dismissed.
Leave to appeal. Whether the corporation’s calculation of the applicant’s weekly compensation was correct. Applicant has not established there was an error of law capable of bona fide and serious argument. Outcome: leave to appeal dismissed.
Leave to appeal to the High Court. Application for leave to appeal a decision of the Court that did not examine the tests for personal injury by accident. The appellant has not identified any alleged error of law in the judgment. Outcome: leave to appeal dismissed.