Ministry of Justice

Appeal regarding the cessation of weekly compensation and entitlement to treatment for a finger injury. Claim for weekly compensation for incapacity and claim for entitlements for treatments and pain management – s 67, s 64, and s 100(1)(a). Whether the appellant is entitled to weekly compensation due to her injury. Held: appellant capable of engaging in her pre-injury employment and similar roles, therefore not entitled to weekly compensation. Outcome: appeal dismissed.

Application for recall of the Court’s judgment. Claim to recall the Court’s judgment dismissing his appeal against the Corporation’s decision to decline cover for somatic symptom disorder as a mental injury caused by physical injuries. Whether there was a special reason, in the interests of justice, to recall the Court’s judgment dismissing the appeal against the Corporation’s decision to decline cover. Held: Appellant did not establish any special reason requiring recall of the judgment. Outcome: Application for recall dismissed.

Leave to Appeal to the High Court – s 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Applicant failed to establish error of law capable of bona fide and serious argument. Outcome: application dismissed.

Claim for deemed cover – ss 135, 146; claim for personal injury, ss 20, 25, 26, Accident Compensation Act 2001. Whether Reviewer was deemed to have made a decision in Appellant’s favour on basis that a review application was completed by Appellant’s GP and filed with Corporation but was not set down within three months. Whether injuries and inability to work were caused by Appellant’s accident. Deemed decision did not arise. Corporation correctly revoked and declined cover for Appellant’s pain in lumbar spine. Corporation correctly declined Appellant’s claim for weekly compensation. Corporation correctly declined cover for lumbar disc prolapse with radiculopathy in relation to accident. Outcome: appeal dismissed, decision of Reviewer upheld.

Treatment Injury – s 32 Accident Compensation Act 2001. Whether causal link between Appellant’s dental implant (treatment) and gingival overgrowth and teeth movement (personal injury). On weight of medical evidence, there was no causal link between the treatment and the injury, therefore treatment injury not established. Outcome: appeal dismissed. 

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to illness. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of an error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.

Appeal on a review decision concerning revocation of cover, weekly compensation, and treatment entitlements following a personal injury claim. Claim for revocation of cover, declining cover, declining weekly compensation and declining funding for a pain management programme. Whether the Corporation’s decision was correct. Held: The Corporation was correct to revoke cover for lumbar pain and to decline cover for thoracic sprain. Pain alone is not a physical injury under the Act, and robust medical evidence is required to establish causation. Outcome: appeal dismissed.

Application by Appellant for continuance of all appeals. Application declined given absence of medical support for request, delays in appeals to date, and procedural history of non-compliance. Outcome: application declined. 

Application for Leave to Appeal – s 162 Accident Compensation Act 2001. Sufficient grounds to sustain application for leave to appeal not established. No error of law capable of bona fide and serious argument. No wider importance of contended point of law. Outcome: application dismissed.

Leave to Appeal to High Court – s 162 Accident Compensation Act 2001. No error of law capable of bona fide and serious argument established. No wider importance of any contended point of law. Outcome: application dismissed.

Appeal from a review decision regarding the date from which interest is payable on backdated weekly compensation. Claim for interest on late payment of weekly compensation – s 114 of the Accident Compensation Act 2011. Whether the corporation determined the correct date for the purpose of calculating interest on late payment of weekly compensation to the appellant. Held: Under s 114, interest is only payable one month from after the Corporation has received all necessary information to calculate and make the payment. The Corporation determined the correct “all information date”. Outcome: appeal dismissed.

Leave to Appeal to High Court – s 162 Accident Compensation Act 2001. Grounds for leave to appeal raised by Applicant did not raise questions of law capable of bona fide and serious argument which would justify further appeal to the High Court. Outcome: application dismissed.