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Causation; Personal Injury s 26; Personal injury caused by accident s 20 – Accident Compensation Act 2001. Appeal of decision declining surgery funding and cover for an annual tear at L5/S1 in the appellant’s lumbar bone. Whether the appellant’s pathology requiring surgery was wholly or substantially caused by her accident or whether it was degenerative. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant’s delay arose out of the error or inadvertence of her advocate. Whether the interests of justice require the exercise of the Court’s discretion to sustain the Appellant’s application for leave to file her appeal out of time. Outcome: appeal granted.
Leave to appeal on error of law. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Social rehabilitation, transport for independence – ss 81, 84 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining purchase of a mobility scooter and provide a tricycle. Appellant failed to establish decision to decline to purchase a scooter and provide a tricycle was incorrect. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant's delay arose out of the error or inadvertence of her advocate. Whether the interests of justice require the exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appeal of decision dismissing an application to review decision revoking cover for mental injury and revoking deemed cover for a spinal cord injury. Whether interests of justice require the exercise of the Court’s discretion to sustain the appellant’s application for leave to file appeal out of time. Outcome: leave to appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant’s delay arose out of the error and inadvertence of his advocate. Whether the interests require the exercise of the Court’s discretion to sustain the Appellant’s application for leave to file his appeal out of time. Outcome: appeal granted.
Costs - Accident Compensation Act 2001. Costs claim in relation to a successful appeal decision. No basis on which to award costs or disbursements. Outcome: appeal dismissed.
Claim for personal injury - ss 25-26, and suspension of entitlements – s 107 Accident Compensation Act 2001. Appellant declined cover for injury. Whether the Appellant's injury was caused by a gym accident or a pre-existing condition. Outcome: appeal dismissed
Claim for entitlement s 67 Accident Compensation Act 2001. Whether the Appellant's condition requiring surgery was caused by a covered injury suffered in an accident. Evidence did not establish that the Appellant's condition requiring surgery was caused by his covered injury suffered in an accident. Outcome: appeal dismissed.
Payment of levies by self-employed person - s 14 Accident Compensation Act 2001. Whether a self-employed person has a liability to pay ACC levies on self-employed earnings when that person is not ordinarily a resident in New Zealand and therefore not entitled to cover for any personal injury suffered outside of New Zealand during that period. Court does not consider it appropriate or necessary to add words linking eligibility under the Act with payment of a levy. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant’s delay arose out of understandable inadvertence. Whether the interests of justice required the exercise of the Court’s discretion to sustain the Appellant’s application for leave to file his appeal out of time. Outcome: appeal granted.
Claims for personal injury – ss 25-26 and weekly compensation – s 103, Accident Compensation Act 2001. Whether ACC’s decision was correct to decline cover for the appellant’s rotator cuff injury. Whether ACC was correct to decline to pay weekly compensation. Outcome: appeals allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay arose from an error on part of the Appellant rather than a change of mind or indecision. Whether the interests of justice required the Court’s discretion to sustain the Appellant’s application for leave to file his appeal out of time. Outcome: appeal granted
Entitlements/Social Rehabilitation – Part 4 Accident Compensation Act 2001. Appeal of decision declining funding for a neck brace. Decision has been reversed, no grounds for anything further to occur. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay arose due to a filing error made by the Appellant’s advocate, which was not significant. Whether the interests of justice required the exercise of the Court’s discretion to consider the Appellant’s application for leave to file her appeal out of time. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant established the interests of justice require the exercise of the Court’s discretion to sustain her application for leave to file her appeal out of time. Outcome: appeal allowed.
Leave to appeal to the District Court on an error of law against a judgment. Appellant did not establish sufficient grounds to sustain the application for leave to appeal. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an inadvertent slip-up by one of the Appellant's legal representatives and was not significant. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file his appeal out of time. Outcome: appeal allowed.
Work related mental injury s 21B Accident Compensation Act 2001. Appeal against declined cover for a mental injury resulting from workplace bullying. Whether the circumstances of the Appellant’s claim met the criteria of s 21B. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Court accepts that the delays arose out of error or inadvertence on the part of the Appellant’s advocate. Whether the interests of justice required the exercise of discretion to sustain her application for leave to file her appeals out of time. Outcome: appeal allowed.
Section 58 Deemed decision; Conciliation – delay, Accident Compensation Act 2001. Appeal against review dismissing two applications for review. Whether ACC delayed making a decision on appellant’s claim for entitled to weekly compensation. Whether ACC is deemed to have covered appellant’s injuries. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay arose out of an understandable error or inadvertence on the part of the Appellant's previous advocate. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file her appeal out of time. Outcome: appeal allowed.
Calculation of weekly earnings – s 40 Accident Rehabilitation and Compensation Insurance Act 1992. Whether respondent’s decision on the calculation of the appellant’s entitlement to weekly compensation is correct. Specific focus on issue of whether earnings from 1995/1996 tax year should be included in calculations of weekly compensation payable to appellant following injury in 1997. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an error and was not significant. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file her appeal out of time. Outcome: appeal allowed.