Ministry of Justice

Personal Injury s 26 Accident Compensation Act 2001. Whether Reviewer was correct to dismiss an application for review declining the appellant's claim for personal injury; whether the appellant's condition requiring surgery was the result of an accident or a pre-existing disease. Outcome: appeal dismissed.

Treatment injury – ss 20(2)(b); 32(1), (2) and (3); and 33 Accident Compensation Act 2001. Appeal against declined claims for cover for a treatment injury for peritoneal adhesions and for a treatment injury for peritoneal adhesions resulting in bowel obstruction caused by delayed diagnosis. Outcome: appeals allowed. Decisions declining cover reversed.

Appeal against a review decision under s 149 Accident Compensation Act 2001. Whether review decision was wrong; whether review decision should have been one quashing ACC’s decision and granting cover. No fault in fact or law by Reviewer. Outcome: appeal dismissed.

Lump sum compensation - clauses 54-59 of Schedule 1 Accident Compensation Act 2001. Appeal against decision regarding assessment of lump sum compensation for permanent impairment. Whether assessment was flawed. No expert evidence identified assessment was flawed or incorrect. Outcome: appeal dismissed.

Personal injury - s 26(2) Accident Compensation Act 2001. Appeal against declined personal injury claim. Whether condition requiring surgery was caused by accident or a pre-existing condition. Not proven that there was a causal link between injury caused by accident and condition requiring surgery. Condition substantially caused by a gradual process or disease. Outcome: appeal dismissed.

Treatment Injury s 20 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether injury was related to an earlier operation, or any other treatment since the appellant had first developed problems in his arm. Outcome: appeal allowed.

Leave to appeal s 162 Accident Compensation Act 2001. Outcome: appeal dismissed.

Costs decision. Outcome: appellant awarded costs of $1,500.00 for attendance of counsel at judicial telephone conferences; $1,068.00 for attendance of non-lawyer advocate at judicial telephone conferences

Jurisdiction s 6; Eligibility for lump sum compensation cl 57 sch 1 Accident Compensation Act 2001. Whether the Reviewer was correct to dismiss the appellant's review application for want of jurisdiction; whether the Corporation recieved a certificate from a medical practitioner indicating the appellant is suffering permanent impairment resulting from a personal injury. Both appeals dismissed.

Appeal under s 149 of the Accident Compensation Act 2001. Review decision regarding paying for treatment where the medical practioner was not registered with the Medical Council of New Zealand. Outcome: appeal dismissed.

Appeal under s 151 – Accident Corporation Act 2001. Appeals from two decisions at review which declined request for an automatic motor vehicle and cover for leg and foot pain. Court satisfied that covered injury event caused development of CRPS. Outcome: appeals allowed and the two review decisions are quashed. ACC to review what entitlements appellant has from CPRS.

Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether or not the appellant suffered a treatment injury when he was born. Outcome: appeal allowed.

Funding for surgery cl 2 Schedule 1 Accident Compensation Act 2011 - Weekly compensation s 103 -  Suspension of entitlements s 117. Appeal against declined funding for surgery. Appeal against declined weekly compensation. Appeal against suspension of ongoing entitlement to fund medical treatment. Outcome: need for surgery not causally linked to accident. Suspension of entitlements decision dismissed. Causal inquiry directed into the appellant's incapacity related to covered injuries. Appeal granted in part.