Ministry of Justice

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.

Reviewable decisions – ss 6, 134(1), Accident Compensation Act 2001. Reviewer correct to dismiss review applications for want of jurisdiction. Outcome: appeal dismissed.

Appeal of Reviewable decision – ss 134, 145 Accident Compensation Act 2001. Whether reviewer correctly dismissed five applications for review for lack of jurisdiction. Review applications were invalid as they were not filed against reviewable decisions. No live issues to be determined. Applications dismissed for want of jurisdiction. Outcome: appeal dismissed.

Claims for costs on appeal. Outcome: Respondent ordered to pay Appellant $2,064.00, being costs of $1,550.00 and disbursements of $514.00. Appeal allowed.

Appeal from a review decision regarding declined jurisdiction to consider a review for deemed cover. Whether a reviewer or the District Court has jurisdiction to recognise deemed cover that has arisen by operation of law without a formal decision by the Corporation. Held: reviewers and the District Court have jurisdiction to recognise deemed cover even without a formal Corporation decision. Outcome: appeal allowed.   

Appeal from a review decision regarding the Corporation’s decision declining appellant cover and surgery funding for a rotator cuff tear. Whether appellant’s shoulder injury and need for surgery were caused by the accident or were the result of a pre-existing degenerative condition. Held: appellant’s fall in 2023 significantly contributed to his shoulder condition. Injury was not wholly or substantially caused by degeneration. Outcome: appeal allowed.

Appeal from a review decision regarding the Corporation’s decision revoking deemed cover to the appellant. Whether the meniscus tear and MCL partial tear suffered by Appellant were caused by an accident and therefore qualifies for cover under the Act. Held: Medical evidence did not support a causal link between the accident and the meniscal tear. Injury was not caused by the accident on the balance of probabilities. Outcome: appeal dismissed.

Appeal from a review decision regarding the Corporation’s decision to decline weekly compensation. Whether the Corporation’s decision was correct. Held: Corporation was correct in requiring new vocational independence assessment. Outcome: appeal dismissed.

Appeal against decision of Corporation declining cover to appellant and to suspend appellant’s entitlements. Cover for personal injury- s20 of the Accident Compensation Act 2001. Whether Appellant’s cervical spine injury was caused by her accident and whether the Corporation correctly suspended her entitlements. Held: injury was caused by accident rather than age-related degeneration. Outcome: Appellant’s appeal allowed.

Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. No point of law capable of bona fide serious argument in the High Court. Court not satisfied as to the wider importance of any contended point of law. Outcome: application declined.

Appeal against decision of Corporation agreeing to pay increased rates for attendant care and home help to the appellants. Rates of social rehabilitation entitlements – s81 – 83 of the Accident Compensation Act 2001. Whether ACC’s decisions to increase exceptional circumstances rate were correct in denying backdated increases to 2017.  Held that the 2022 decisions were limited to periods explicitly stated and did not constitute decisions on backdating to 2017. Outcome: the Corporation’s appeal was granted.

Cost of Treatment; Schedule Clause 1 – Accident Compensation Act 2001 and Regulation 13 Accident Compensation (Liability to pay or contribute to cost of Treatment) Regulations 2003. Whether Corporation required to fully fund cost of GP appointments for purposes of providing a medical certificate to determine incapacity as required by the Corporation and/or the purpose of providing treatment. Corporation correctly applied Clause 1 of Schedule 1 and Regulation 13 in declining Appellant’s claim for full GP cost payment. Outcome: appeal dismissed.