Ministry of Justice

Appeal against a reviewer’s decision. s 58 and 67 of the Accident Compensation Act. Whether the Corporation correctly determined the appellant’s weekly compensation for a kidney stone injury should be paid from the date from when cover was deemed rather than the date of his incapacity. Held: appellant not entitled to backdated weekly compensation prior to the period of deemed cover because he did not hold cover for the kidney stone that incapacitated him for work. Reviewer’s decision upheld. Appeal is dismissed.

Appeal against a reviewer’s decision. ss 107-112 of Accident Compensation Act 2001. Whether the appellant had achieved vocational independence and was therefore not entitled to further weekly compensation. Held: the Corporation’s decision that the appellant had achieved vocational independence was not supported by sufficiently strong evidence. Appeal is allowed.

Claim for work-related gradual-process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined Appellant’s cover for accidental poisoning as a work-related gradual process injury. Appellant did not qualify for cover for neurotoxic injury in terms of ss 30(3) and 60 of the Act. Corporation correctly declined cover. Outcome: appeal dismissed.

Appeal of an earlier decision by Accident Compensation Corporation. Appeal under s 149 of the Accident Compensation Act 2001. ss 26, 32, and 33 of the Accident Compensation Act 2001. Whether the appellant is entitled to cover for a treatment injury for leg length discrepancy? Held: the leg length discrepancy was not an ordinary consequences of the right hip joint replacement injury, therefore the appellant is entitled to cover for treatment injury under the Act. Appeal is allowed.

Claim for cover. ss 20,25,26 Accident Compensation act 2001. Whether the appellant’s left inguinal hernia is an injury caused by an accident. Held: appellant will have cover for his left inguinal hernia as an injury caused by the accident. Appeal is allowed.

Impaired assessment, lump sum compensation - Schedule 1, Part 3, Clause 57 Accident Compensation Act 2001. Appellant declined lump sum compensation for coccyx sprain. Subsequent application for review of this decision declined. Held: Appellant now undergoing desired impairment assessment so there is no live issue before the Court. Corporation acted entirely properly and lawfully. Outcome: appeal dismissed.

Appeal against the decision of a reviewer declining cover for a work related injury. s 149 Accident Compensation Act 2001. Whether or not the reviewer’s decision should be upheld. Held: parties agree the first respondent’s claim does not meet the criteria for cover for a work related gradual process injury. Earlier review decision is set aside.

Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Appellant seeking leave to appeal decisions relating to backdated compensation and rate of weekly compensation for injuries from motor accident and injuries to his thumbs. Whether calculations were made correctly. Held: Appellant has not established that there was an error of law capable of bona fide and serious argument. Outcome: appeal dismissed.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant declined cover for supraspinatus tear. Late filing resulted from error or inadvertence by counsel. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

Impairment assessment - Part 3 Schedule 1 Accident Compensation Act 2001. Appeal against whole-person impairment assessment rating. Appellant did not provide any medical evidence from suitably qualified experts or otherwise to dispute the assessment. Outcome: appeal dismissed.

Transport for independence - s 79, 81-84, Clauses 21 and 22 First Schedule Accident Compensation Act 2001. Appeal against declined funding for 4-wheel drive vehicle to participate in certain recreational activities. Held: no evidence to show that a replacement vehicle is necessary to maintain independence. Existing 2WD vehicle allows him to undertake the essential injury-related transport needs. Outcome: appeal dismissed.

Claim for personal injury - s 20, 25, 26 Accident Compensation Act 2001. Appeal against decline of application for weekly compensation, treatment and rehabilitation for lumbar disc prolapse. Suffered accident at work when lifting heavy item and felt pain in back. Held: cover incorrectly declined on basis that it was likely a pre-existing degenerative condition. Found sufficient lay and medical evidence to draw inference that prolapse was caused by the accident. Outcome: appeal allowed.

Claim for mental injury by sexual abuse – s 21, Accident Compensation Act 2001. Whether Corporation correctly declined cover on basis Appellant did not suffer from any psychiatric disorder, and event described did not cause mental injury. Appellant failed to establish he suffered from a mental injury, or that his mental condition was caused by criminal act under Schedule 3 of the Act. Corporation correctly declined cover. Outcome: appeal dismissed.