Ministry of Justice

Claim for weekly compensation – clause 52, Schedule 1 Accident Compensation Act 2001. Whether the appellant, having reached the age of 65, and having been earlier entitled to weekly compensation for more than two years, is entitled to further weekly compensation. Whether the appellant, who had been granted cover for mental injury as a consequence of sexual abuse suffered, was entitled to the grant of cover for PTSD (as later diagnosed) as a new injury. The Corporation’s decisions declining weekly compensation and cover for further mental injuries were correct. Outcome: appeal dismissed.

Claim for interest on backdated weekly compensation – s 114 Accident Compensation Act 2001. Whether Reviewer correctly dismissed review of Corporation’s decision determining interest on backdated weekly compensation. Interest had been correctly determined, except for one period in issue. Outcome: appeal dismissed, except for modification of Reviewer’s decision for period incorrectly calculated.

Leave to Appeal to the High Court – s 162, Accident Compensation Act 2001. Whether Appellant should be granted leave to appeal to the High Court on the issue of a claimed treatment injury. Appellant has not established District Court judge made an error of law capable of bona fide and serious argument. Outcome: appeal dismissed.

Claim for costs on appeal - pt 14, District Court Rule 2014. Appellant suffered covered injury of an open wound of the left lower leg. Appellant entitled to weekly compensation. Whether appellant entitled to proceeding costs. Outcome: appeal allowed.

Appeal against a review decision. Rehabilitation - Social, Accident Compensation Act 2001, Schedule 1, Part 1 Clauses 21, 22(2)(e), 22(2)(f)(ii). Appellant was involved in a motor vehicle accident. ACC funded a modified vehicle for him. The vehicle was impounded and appellant arranged a different vehicle. A later vehicle provided by ACC was also impounded and lost to the appellant. ACC declined to fund another vehicle on the basis it had already met the appellant's injury-related transport needs and the vehicle had been disposed of without reasonable excuse. Found that ACC would fund a replacement vehicle at the point when appellant's last vehicle would have reached the end of its usable life. Outcome: appeal dismissed.

Appeal. Treatment injury - s 32 Accident Compensation Act 2001. Whether appellent's carpal tunnel release surgery caused a physical injury which was a treatment injury. Appellant gave informed consent for surgery. Initial reduction in grip strength after surgery improved. Treatment injury not proved. Outcome: appeal dismissed.

Revision of decision under former Act - s 390 Accident Compensation Act 2001. Appellant requested additional lump sum payment in 2021 regarding 1982 injury. Appellant contends that previous lump sum payment of $500 was inadequate. Found that Corporation correctly declined additional lump sum payment. No significant factual material to show that decision 39 years ago was wrong. Outcome: appeal dismissed.

Claim for weekly compensation – s 15 Accident Compensation Act 2001. Whether Corporation’s decision to decline weekly compensation correct. No evidence of earnings immediately prior to incapacity, therefore decision declining compensation correct. Outcome: appeal dismissed.

Cover and entitlements - s 20 and 67 Accident Compensation Act 2001. Whether the appellant's symptoms causally related to injuries suffered in March 1996 or in the accident in February 2008. The evidence discounts any causal link between the appellant’s ongoing symptoms and the covered injuries suffered. Outcome: appeal dismissed.

Personal injury - s 26 Accident Compensation Act 2001; Treatment injury - s 32 Accident Compensation Act 2001. Whether the Corporation’s Decision declining cover for an injury said to have occurred as a result of a manipulation during osteopathic treatment, and Review Decision maintaining the Corporation’s Decision are correct. Insufficient basis to draw a robust inference that the injury was caused by osteopathic manipulation. The Corporation’s decisions are correct. Outcome: appeal dismissed.

Appeal against a review decision. Claim for personal (physical) injury – s26 Accident Compensation Act 2001. Appellant suffered poliomyelitis as an infant and a subsequent ankle injury later on in life. Appellant seeks to be covered for chronic pain and CRPS. ACC decline cover for chronic pain and CRPS due to appellant’s ankle injury. The reviewer quashed ACC’s decision and directed ACC to issue a formal decision granting appellant cover for CRPS but not chronic pain. Found that appellant’s claim for cover for chronic pain is not supported by legal authority and the reviewer’s decision was correct on the evidence available. Outcome: appeal dismissed.

Interest – s 114 Accident Compensation Act 2001. Whether Corporation erred in determining date from which interest became payable on backdated weekly compensation. Date correctly determined as one month after Corporation received all necessary information, medical and financial. Outcome: appeal dismissed.

Claims process, ss 149(3) and 317, Accident Compensation Act 2001. Appeal against dismissal of review on the basis of lack of jurisdiction in relation to Corporation’s email. Court has no jurisdiction to consider claim in absence of claim of cover for mental injury that has been subject to review. Outcome: appeal dismissed.