Ministry of Justice

Claim for personal injury – ss 25–26, Accident Compensation Act 2001. Whether decision to decline appellant’s claim for cover for an umbilical hernia was correct. Appellant has established, on a balance of probabilities, that he sustained a personal injury, being a paraumbilical hernia, when pushing a barrow at work, and is entitled to cover for a work injury. Outcome: appeal allowed.  

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.

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.

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.

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. 

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.

Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. 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.

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.

Work-related gradual process injury - s 30 Accident Compensation Act 2001. Appeal against decision to decline cover. Outcome: appeal allowed.