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Interest on backdated earnings related compensation s 114 – Accident Compensation Act 2001. Appeals against review decisions ACR 261/20 and ACR 15/21. Interest on Money Claims Act 2016 does not apply to ACC payments. Appellant failed to prove respondent’s decision wrong. Outcome: appeals dismissed.
Costs claimed by the Appellant at Review. Appeal against decision refusing to award costs to the appellant’s wife representing the appellant. Outcome: appeal declined.
Claim for metal injury caused by certain criminal acts and assessment for an independence allowance ss 21 and 377(2) Accident Compensation Act 2001. Appeal against two decisions dismissing application for review of ACC's decisions declining cover for major depressive disorder (MDD) and polysubstance abuse and awarding an independence allowance at a rate of 15% from the date of reassessment. Appellant did not establish on balance of probabilities that her sexual abuse caused her MDD and polysubstance abuse. Outcome: appeal dismissed.
Costs. Whether costs fall under category 1A or category 2B. Outcome: the Court found it is a category 1 proceeding.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence and therefore not eligible for weekly compensation. Outcome: appeal dismissed.
Entitlement to surgery Section 67 and Schedule 1 Accident Compensation Act 2001. Appeal to claim payment for shoulder injury requiring surgery. Whether the need for surgery was causally related to the accident. Outcome: Appeal allowed.
Incapacity, weekly compensation - Accident Compensation Act 2001. Appeal against decision declining weekly compensation on the grounds the appellant did not have incapacity caused by a covered injury. Outcome: appeal allowed.
Entitlement to an independence allowance, pt 4, sch 1 of the Accident Insurance Act 1998, subject to the modifications in s 377 of the Accident Compensation Act 2001. Whether the respondent’s decision to decline cover on the basis the appellant failed to undergo an assessment with a Corporation appointed assessor was correct. Appellant failed to show on the balance of probabilities the respondent’s decision was wrong. Outcome: appeal dismissed.
Work related gradual process injury - s 30 Accident Compensation Act 2001. Whether there is sufficient evidence to establish causal connection required by s 30(2)(b) of the Act. Insufficient evidence to conclude appellant’s work tasks caused or contributed to the cause of his injury. Outcome: appeal dismissed.
Application for leave to appeal. Whether the Court erred in: adopting the wrong test to determine social rehabilitation for multiple physical injury entitlements; failing to apply the legal test to social rehabilitation entitlements; and failing to apply proof of causation on balance of probabilities. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No point of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Whether the respondent correctly declined the appellant's claim for cover for a treatment injury. Outcome: appeal dismissed.
Mental injury s 26(1)(c) Accident Compensation Act 2001. Appeal against declined cover for mental injuries under a treatment injury claim.Outcome: appeal allowed.
Weekly compensation s 67 Accident Compensation Act 2001. Declined weekly compensation. Whether there was evidence to establish that the condition, for which the appellant claimed compensation, was caused by covered personal injuries. Outcome: appeal dismissed.
Claim for cover for personal injury, revocation of cover and suspension of entitlements – ss 26, 65 and 117 Accident Compensation Act 2001. Appeal of decision dismissing review of decisions declining surgery funding; revoking cover and suspending entitlements. Whether pathology in appellant’s right ankle was caused by accident as opposed to pre-existing arthritis. Outcome: appeal dismissed.
Work-related gradual process injury - s 30 Accident Compensation Act 2001. Appeal against decision to decline cover. Outcome: appeal allowed.
Causation, Entitlement to surgery s 67 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining to fund surgery. Outcome: appeal dismissed.
Revocation of cover for personal injury – s 65, Accident Compensation Act 2001. Whether the Corporation was correct to revoke cover for a right-ankle fracture. Outcome: appeal dismissed.
Weekly compensation ss 67 and 117(1) Accident Compensation Act 2001. Suspension of weekly compensation. Whether the respondent correctly suspended the appellant's entitlement to weeky compensation on the grounds that his current conditions were no longer the result of a personal injury. Outcome: appeal dismissed.
Claim for weekly compensation – s 103(2), Accident Compensation Act 2001. Whether there is sufficient evidence to establish the Appellant’s retrospective work incapacity dates back to the time when he ceased work. Appellant failed to discharge the onus he was unable, because of personal his injury, to engage in employment in which he was employed when he suffered his personal injury. Outcome: appeal dismissed.
Application for recall of judgment. Whether counsel neglected to direct the Court’s attention to a statute, regulation or judicial decision of plain relevance; and where for some other special reason justice requires the judgment to be recalled. Outcome: application for recall dismissed.
Claim for funding for social rehabilitation – s 81, Accident Corporation Act 2001. Whether the Corporation exercised its discretion appropriately in reaching its decisions on home help and attendant care for the appellant. Outcome: appeal dismissed.
Adequacy of evidence of accident causing injury; late claim s 53(3)(a) Accident Compensation Act 2001. Appeal of two decisions of the ACC: (a) - ACR278/18, declining cover for a sprain of the right ankle; and (b) - ACR250/20, declining cover for a right foot sprain. Outcome: appeals dismissed.
Independence Allowance, s 69(1)(d), cl 54, sch 1 - Accident Compensation Act 2001. Appeal challenging a decision declining entitlement to an independence allowance on the basis the level of impairment was less than the minimum level required. Outcome: appeal dismissed.