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Leave to appeal to the High Court - Section 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for costs on discontinuance of appeal. Whether conduct of appellant's advocate amounted to abuse of process. Advocate's conduct did not reach level of abuse of process. Court exercised discretion not to award costs. Outcome: claim dismissed.
Personal injury s 20 and Suspension of entitlements s 117 - Accident Compensation Act 2001. Appeal against decisions suspending entitlements and declining cover for rotator cuff injury. Evidence suggested Appellant injured at work not result of age-related degenerative injury. Decisions suspending entitlements and declining cover reversed. Outcome: appeal allowed.
Causation - 20 Accident Compensation Act 2001. Appeal against decision declining to extend cover to include a peroneal tear of her right ankle. Medical evidence supported conclusion of ankle injury. Decision reversed. Outcome: appeal allowed.
Claim for costs on appeal. Appellant entitled to costs. Outcome: Appellant awarded $1,675.75 ($1,555.75 costs and $120 disbursements). Appeal allowed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for mental injury caused by physical injury - s 26(1)(c), Accident Compensation Act 2001. Appeal from decision of reviewer. Decision declined appellant's weekly compensation as a consequence of her physical injury and declined cover for Somatic Symptom Disorder as consequence of physical injury. Medical evidence supports decision to decline entitlement to weekly compensation. Appellant had not established the corporation's previous decision was incorrect. Outcome: appeal dismissed.
Claim for work-related mental injury - s 21B Accident Compensation Act 2001. Appeal against declined cover for mental injury resulting from workplace bullying. Whether circumstances of appellant's claim met criteria of s 21B. Appellant has not established the corporation's previous decision was incorrect. Outcome: appeal dismissed.
Cover and funding for treatment - Part 3 and s 67 Accident Compensation Act 2001. Appellant appeals two decisions declining cover for meibomian gland disease and funding for IPL treatment. Weight of evidence shows accident did not cause the condition. Entitlements must be linked to covered injuries. Appellant not eligible to receive entitlements. Previous decisions of corporation are correct. Outcome: appeal dismissed.
Jurisdiction - s 6(1) Accident Compensation Act 2001. Appeal against decision to dismiss appeal for lack of jurisdiction. No error of law capable of bona fide and serious argument. No wider importance of any contended point of law. Outcome: appeal dismissed.
Revocation of cover - s 65; mental injury – s 26; suspension of entitlements – s 117, Accident Compensation Act 2001. Whether Corporation's decisions to revoke cover for injuries, decline cover for mental injury due to physical injury and suspend entitlements was correct. Corporation's decisions were correct. Outcome: claim dismissed.
Leave to appeal on a question of law s 162 Accident Compensation Act 2001. No point of law capable of bona fide serious argument in the High Court. Outcome: application declined.
Claim for cover for personal injury - ss 20, 25, 26 Accident Compensation Act 2001. Appeal of Reviewer's decision. Reviewer dismissed application for review of Corporation's decision declining cover for open wound of right foot. Appellant has not discharged onus of proving that physical injury sustained led to development of subsequent foot infection. Outcome: appeal dismissed.
Claim for weekly compensation - Schedule 1, clause 52 Accident Compensation Act 2001. Appeal against decision dismissing review of Corporation decision declining request for weekly compensation following knee surgery. Appellant not entitled to weekly compensation as he had exceeded period of entitlement at time of reaching Superannuation qualifying age. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his applications for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Appeal from Reviewer - jurisdiction s 149(1), claim for social rehabilitation s 81, whether causal link between symptoms and injuries ss 20,25,26, costs on review s 148(2) Accident Compensation Act 2001. Decision had declined to provide social rehabilitation assessment and transport assistance. Decision had dismissed allegation that Corporation had failed to issue decision in timely manner in response to request for individual rehabilitation plan. Also appealing review costs awarded. Found that Corporation did not have obligation to appellant to undertake further assessments. No causal link between symptoms and covered injuries. Appellant did not have ongoing entitlement to rehabilitation. Reviewer had appropriately exercised discretion in relation to award of review costs. Decision of reviewer upheld. Outcome: appeal dismissed.
Jurisdiction - s 149(3) Accident Compensation Act 2001. Appeal related to review decisions on decisions by the Corporation. No jurisdiction for court to hear appeals. Outcome: appeal dismissed.
Application for leave to appeal to High Court - s 162(1) Accident Compensation Act 2001. Declined cover for a pelvis injury as not sufficient medical evidence to support cover. Judge was entitled to reach the findings he did. Outcome: application dismissed.
Weekly Compensation, s 100(1)(a); s 103(2); Cl 32 Schedule 1 Accident Compensation Act 2001. Whether the court has jurisdiction to determine the appellants employment/earnings status at the time his incapacity commenced. Whether the appellant was an employee in permanent employment entitled to a calculation of his weekly compensation under the Act. The appellant was an employee in permanent employment at all material times and thus entitled to a calculation of his weekly compensation under the Act. Decision quashed. ACC to assess the appellant’s weekly compensation as an employee in permanent employment before his incapacity commenced. Costs reserved. Outcome: appeal allowed.
Appeal against a review decision that declined to provide reimbursement for vocational rehabilitation and transportation costs. Appellant unable to prove on balance of probabilities that previous decision was wrong. Satisfied that the reviewer's analysis and conclusions were correct. Outcome: appeal dismissed.
Revocation of cover - Causation - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover. Appeal against decision declining entitlements. Appeal against costs decision. Accident overlooked or ignored by employer. Evidence indicated Appellant suffered an accident resulting in hip and thigh injury. Cover restored so entitlements, including backdated entitlements should follow. Appellant entitled to costs. Outcome: appeal granted for revoked cover.
Appeal against decisions to decline funding for surgery and cover - Personal Injury s 20 Accident Compensation Act 2001. Whether appellant suffered a treatment injury. Treatment injury arose from complications of fusion surgery, therefore appellant is entitled to cover for this injury. Outcome: appeal allowed.
Claim for mental injury because of physical injury - s 26(1)(c) Compensation Act 2001. Appeal from decision of reviewer. Decision declined appellant's weekly compensation as a consequence of her physical injury and declined cover for major depression as consequence of physical injury. Medical evidence supports decision to decline entitlement to weekly compensation. Appellant had not established the corporations previous decision was incorrect. Outcome: appeal dismissed.
Application for leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Applicant lodged a claim for tuberculosis as a work injury. On the balance of probabilities, the appellant has never contracted tuberculosis. Outcome: application dismissed
Revocation of cover, Suspension of weekly compensation - ss 65, 117 Accident Compensation Act 2001. Whether decision to decline cover for mental injury correct. Whether decision to revoke cover for post-concussion syndrome correct. Whether decision to suspend weekly compensation correct. Health challenges on balance of probabilities not related to accident. Current presentation not causally related to covered injury. Medical presentation no longer derives from personal injury. Decision to decline compensation on basis appellant did not have post-concussion syndrome correct. Outcome: appeal dismissed.