Ministry of Justice

Claim for independence allowance – Part 4, sch 1 of the Accident Insurance Act 1998. Appeal of decision dismissing application for review of ACC’s decision assessing appellant’s whole person impairment for an independence allowance. Where appellant’s epilepsy should be fixed on a scale of 0-14% as prescribed under Table 5 of the AMA Guides. Appellant has not established on balance that assessment on which ACC based decision was flawed or incorrect. Outcome: appeal dismissed.

Causation s 20 Personal Injury – Accident Compensation Act 2001. Appeal of decision revoking cover for a spider bite and associated infection and the consequent development of post traumatic stress disorder. Outcome: appeal allowed. Decisions to revoke cover for spider bite and for post traumatic stress disorder are reversed. Decision to suspend entitlement to weekly compensation is reversed.

Interest and Transport Cost Claims. Appeal against two review decisions finding there was no jurisdiction to make a review decision in either case. Whether appellant wrongfully denied weekly compensation and interest on overdue travel costs. Outcome: appeal dismissed.

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. Whether costs fall under category 1A or category 2B. Outcome: the Court found it is a category 1 proceeding.

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.

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.

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.

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.

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.

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.  

Causation, Entitlement to surgery s 67 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining to fund surgery. Outcome: appeal dismissed.