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Abstract: 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 did not establish error of law capable of bona fide and serious argument. Outcome: application dismissed.
Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Application for leave to appeal decision that treatment injury had not been proven. Applicant failed to establish any error of law in decision capable of bona fide and serious argument. Outcome: application dismissed.
Claim for deemed cover – s 58; suspension of weekly compensation – s 117, Accident Compensation Act 2001. Whether appellant entitled to deemed cover. Whether Corporation correct to suspend appellant’s continued entitlement to weekly compensation. Corporation complied with s 56 of Act, therefore no deemed cover arose. Corporation correctly decided it was “not satisfied” of appellant’s continued eligibility for weekly compensation, in light of clear medical evidence. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Late filing of 18 days arose out of error or inadvertence rather than change of mind. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Claim for personal injury - Revocation of cover - s 20, 25, 65(1) Accident Compensation Act 2001. Appeal lodged for decisions relating to declining cover for traumatic brain injury and fractures. Revocation of cover for fractures was correctly revoked. Applicant has not established that he suffered a traumatic brain injury. Previous decisions upheld. Outcome: claim dismissed.
Claim for loss of potential earnings - s 105, Schedule 1, Clause 47(1) Accident Compensation Act 2001. Relates to previous decision declining weekly compensation for injury. Appellant has not established that at the date of his incapacity he was incapacitated because of the personal injury for which he had cover. Outcome: claim dismissed.
Weekly Compensation, earner, earnings as employee – ss 6, 9, 100, Schedule 1, clauses 32, 33, 34, 35, 36, 42, 43 Accident Compensation Act 2001. Whether Appellant is entitled to weekly compensation. Appellant was an earner at the time of his injury and incapacity and is eligible for weekly compensation for so long as his incapacity continues. Outcome: appeal allowed.
Late filing of appeal to District Court. s 149 Accident Compensation Act 2001. Previous decision had suspended entitlements to treatment and weekly compensation. Appellant has established interests of justice require exercise of courts discretion to sustain application for leave. Outcome: claim allowed.
Claim for work-related gradual-process injury. s 30 Accident Compensation Act 2001. Review decision set aside. Corporation to obtain further medical evidence and make fresh decision. Appellant entitled to costs. Outcome: claim allowed.
Late filing of appeal to District Court. s 151 Accident Compensation Act 2001. Cover for sensorineural hearing loss as treatment injury had been declined. Interest of justice require exercise of Court's discretion to sustain application to file appeal out of time. Outcome: claim allowed.
Leave to appeal to High Court - s 162 Accident Compensation Act 2001. Whether interests of justice required exercise of discretion to sustain her application for leave to appeal. Not established 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. Delay due to issues obtaining legal representation. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Interests of justice established for appeal. Outcome: appeal granted.
Reserved judgment as to costs on recall application. s 149 Accident Compensation Act. Appellant and appellant's advocate were on notice that ACC may seek costs due to abuse of process. Advocate's application meritless. Costs awarded against advocate.
Late filing of appeal to District Court. s 151 Accident Compensation Act 2001. Previous decision had declined claim for mental injury in relation to hip condition. Appellant has not established interests of justice require Court's discretion to sustain application for leave to file appeal well out of time. Outcome: claim dismissed.
Personal injury - ss 25, 26 Accident Compensation Corporation Act 2001. Appeal against decision declining cover for knee surgery. Osteoarthritis caused degenerative changes rather than the accident. Outcome: appeal dismissed.
Suspension of entitlements - s 117(1) Accident Compensation Act 2001. Appeal against suspension of entitlements. Sufficient grounds to suspend weekly compensation. Outcome: appeal dismissed.
Social Rehabilitation; Backdated Weekly Compensation; Whole Person Impairment; Independence Allowance. Whether decisions declining social rehabilitation funding, backdated weekly compensation, calculation of weekly compensation, and declining entitlement to independence allowance were wrong. Appellant failed to prove decisions were incorrect. Respondent asked to consider possible ex gratia payment in respect of social rehabilitation. Outcome: appeal dismissed.
Costs of appeal - Claim for costs and disbursements. Outcome: costs awarded to Appellant, $1,524.00 costs and $242.55 disbursements.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required exercise of discretion to sustain his application for leave to appeal. Delay arose out of an understandable error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Work-related personal injury - ss 26, 28 Accident Compensation Act 2001. Appeal against decision to decline cover for a work-related personal injury. Appellant's physical injury could be attributed to an accident during the Appellant's employment. Outcome: appeal allowed.
Interpretation of decision - s 6 Accident Compensation Corporation Act 2001 (the Act). Appeal against decision that it was not a reviewable decision under the Act. Reviewer decision was correct. Outcome: appeal dismissed and Respondent entitled to costs.
Claim for costs and disbursements on appeal. Appellant not entitled to costs and disbursements. Appellant was a self-represented litigant so only entitled to disbursements not costs such as loss of his time. Costs and disbursements claim already addressed in earlier proceeding. Outcome: claim dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether appealed decision wrong in law. Applicant failed to establish sufficient grounds, as matter of law, to justify grant of leave to appeal. Applicant failed to establish that Judge made error of law capable of bona fide and serious argument. Outcome: application dismissed.
Entitlement to surgery, causation. Appeal against decision declining to cover or pay for surgery. Appellant’s need for surgery arose from covered accidents. Outcome: appeal allowed, ACC’s decision reversed.
Lump sum compensation for permanent impairment. Part 3, Schedule 1, Clause 54 Accident Compensation Act 2001. Previous decision declining appellant's application for further lump sum was wrong. ACC now required to make further lump sum payment to appellant. Outcome: appeal allowed