Treatment injury s 32 Accident Compansation Act 2001. Whether the appellant suffered a personal injury metting the criterea under the Act. Whether the treatment caused the personal injury. Outcome: appeal dismissed.
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Treatment injury s 32 Accident Compansation Act 2001. Whether the appellant suffered a personal injury metting the criterea under the Act. Whether the treatment caused the personal injury. Outcome: appeal dismissed.
Work-Related Gradual Process Injury ss 20(2)(e) and 26(1)(b) Accident Compensation Act 2001. Whether appellant suffered personal injury that was a work-related gradual process. Consideration of medical literature around myofascial pain. Outcome: appeal allowed.
Suspension of entitlement - Accident Compensation Act 2001. Appeal against decision suspending entitlements on the basis that condition was due to degenerative changes. Outcome: appeal dismissed.
Cover - Part 3 - Accident Compensation Act 2001. Appeal concerning challenge to a decision declining cover for an injury on the basis the appellant's condition was pre-existing and not a personal injury caused by accident. Outcome: appeal dismissed.
Causation s 20 Accident Compensation Act 2001. Corporation declined cover and elective surgery funding sought to treat it. Outcome: appeal allowed.
Earnings related compensation s 53 Accident Compensation Corporation Act 1982. Calculation of normal weekly earnings for backdated weekly compensation. Whether appellant seasonal worker or full time employee. Outcome: appeal allowed.
Vocational Independence, ss 107 - 110 Accident Compensation Act 2001. Appeal concerning correctness of decision determining the appellant to be vocationlly independent. Whether appellant was likely to achieve vocational independence, whether the VOIA and VIMA are flawed. Outcome: appeal dismissed.
Entitlement to Surgery – s 67 and sch 1 Accident Compensation Act 2001. Whether the current left ankle condition requiring surgery is causally linked to either of the two covered injuries; and whether the current left MTPJ condition requiring surgery is causally linked to either of the two covered injuries. Outcome: appeal dismissed
Claim for Cover for Personal Injury – ss 20 and 48 of the Accident Compensation Act 2001. Appeal challenging decision declining cover for an ulnar injury following an accident. Outcome: appeal dismissed.
Revision of Decisions – s 65 Accident Compensation Act 2001. Whether to allow an appeal to be brought out of time on three issues including suspended entitlements, declining cover for surgery and revoking deemed cover. Outcome: appeal allowed.
Occupation diseases – ss 30(3), 60 and sch 2 of the Accident Compensation Act 2001. Appeal challenging decision to deny claim for cover of entitlement to treatment and weekly compensation. Outcome: appeal dismissed.
Treatment injury ss 26(1)(c), 32 and 33 Accident Compensation Act 2001. Appeal of decision by ACC declining cover for a treatment injury. Outcome: appeal dismissed.
Suspension of entitlements s 117 Accident Compensation Act 2001. Whether Corporation entitled to suspend appellant's weekly compensation payments during period of non-complicance with required assessments. Outcome: appeal dismissed.
Incapacity for work s 103(2) Accident Compensation Act 2001. Whether the appellant was incapacitated for his pre-injury employment. Outcome: appeal allowed.
Suspension of Entitlement s 117 Accident Compensation Act 2001. Claim for mental injury related to back injury. Provided an altered medical report. Outcome: appeal dismissed. Breach of duty to keep the Corporation informed about his condition.
Incapacity for Work s 103(2) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant incapacitated for his pre-injury employment between those dates. Outcome: appeal allowed.
Vocational Independence, s 70 Accident Compensation Act 2001. Lumbar sprain. Outcome: vocational independence satisfactorily established. Appeal dismissed.
Weekly Compensation s 100(3) Accident Compensation Act 2001. Injuries as a result of a motor accident. Claim for weekly compensation declined by ACC. Outcome: appeal dismissed.
Vocational independence and ss 107-112 Accident Compensation Act 2001. Right wrist injury. Weekly compensation ceased. Outcome: decision of reviewer upheld amd appeal dismissed.
Individual rehabilitation plan, sections 75, 77 and Schedule 1, clause 8, Accident Compensation Act 2001. Gradual process injury. Appeal from decision of a reviewer. Outcome: appeal dismissed.
Decline of cover for a spinal injury as a work-related gradual process injury and s 30(2) Accident Compensation Act 2001. Appeal from decision of a reviewer. Outcome: appeal dismissed.
Entitlement to weekly compensation - s 103(2) Accident Compensation Act 2001. Appeal from the decision of a reviewer. The reviewer dismissed an application for review. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Issues raised in appeal were of historic significance, relating to investigation under Code of Complaints completed over six years ago. Court not appropriate forum to hear appeal against Code of Complaints decisions. Outcome: application dismissed.
Work related gradual process injury - s 30 Accident Compensation Act 2001. Whether decision declining cover for spinal injury as a work related gradual process injury was correct. More probable than not that spine injury was caused by work activity. Outcome: appeal allowed.
Treatment Injury, s 32, Causation, Accident Compensation Act 2001. Whether appellant suffered physical injury by orthodontic treatment. Evidence means that can find there to be a physical injury for purpose of s 26. Outcome: appeal allowed, decision declining cover for dental treatment injury reversed.