Ministry of Justice

Cover for treatment injury s 32, s 33 and s 149(1)(a) of the Accident Compensation Act 2001. Applicant seeking review of decision to decline cover for treatment injury. Whether the tremor the Applicant suffered from is an injury. Outcome: appeal allowed.

Personal injury/causation s 26 Accident Compensation Act 2001. Appeal against decision to suspend entitlements because appellant's remaining symptoms not due to covered injury. Outcome: appeal allowed, suspension of entitlements reversed.

Leave to appeal to the High Court under s 162 Accident Compensation Act 2001. Whether Court erred not applying more extensive definition of “personal injury” under s 2 Accident Compensation Act 1982. Bona fide question of law that is seriously arguable not established. Outcome: leave to appeal declined.

Recall of judgment. Apply for rehearing. Appellant's contention is that he needs to be assessed and should have a litigation guardian as he lacks capacity. Outcome: No power to grant a rehearing. Appellant's application to have the judgment in this matter recalled and a rehearing granted is declined.

Application for reinstatement of appeals ACR 243/17, ACR 244/17 and ACR 302/17. Outcome: appeals dismissed

Work-related gradual process injury s 30 Accident Compensation Act 2001. Appeal against decision dismissing an application for review of decision declining claim for work-related gradual process injury. Outcome: appeal allowed.

Treatment Injury s 32 Accident Compensation Act 2001. Whether the appellant suffered a treatment injury, and whether that injury was an ordinary consequence of treatment. Outcome: appeal dismissed.

Appeal under s 149 of the Accident Compensation Act 2001. s 26(1) Mental Injury Caused by Covered Physical Injury. Whether the decision of the Corporation declining the appellant's mental injury claim is correct. Appellant has established that the head injury was a cause of mental injury in a genuine and meaningful way. Test in W v ACC set out. Proof of causation. Outcome: appeal allowed.

Entitlement to surgery Section 64 and Schedule 1 Accident Compensation Act 2001. Appeal to claim payment for back injury requiring surgery. Outcome: Appeal allowed.

Entitlement to surgery s 64 Accident Compensation Act 2001. Whether the condition requiring surgery was caused by the appellant's covered injury. Outcome: appeal dismissed.

Late application for review – s 135 Accident Compensation Act 2001. Corporation declined late application for review. Outcome: appeal dismissed.

Treatment Injury ss 32(1) and 33 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Outcome: appeal dismissed.

Accident s 25, Personal Injury s 26 and Vocational Independence s 6 Accident Compensation Act 2001. Appeal against decision declining cover, decision advising that appellant had achieved vocational independence in two work types and decision declining cover of an injury as a consequence of treatment for a covered injury. Outcome: appeal against decision to decline cover of an injury as a consequence of treatment for a covered injury allowed, other appeals dismissed.