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Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether court should exercise discretion to allow late filing. By narrow margin, Appellant established interests of justice required exercise of discretion. Delay of only 10 days, connected to appellant’s mental and physical injuries. Outcome: appeal allowed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence, rather than indecision. Outcome: appeal granted.
Suspension of entitlements, Accident Compensation Act 2001, s 117; Personal injury, Accident Compensation Act 2001, s 26. Whether accident caused injury. Whether Corporation had sufficient basis to suspend entitlements. Cover given for accidental lumbar sprain, Appellant not entitled to further cover for pre-existing degenerative spinal injury. Sufficient basis to suspend entitlements. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether court should exercise discretion to allow late filing. By narrow margin, Appellant established interests of justice required exercise of discretion. Delay of only 10 days, connected to appellant’s mental and physical injuries. Outcome: appeal allowed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence. Outcome: appeal granted.
Late filing of appeal to District Court - s 151 Accident Compensation Act 2001. Applicant submits appeal filed late because of her injuries. Court prepared to accept delay is connected with applicant's physical and mental health. Outcome: appeal granted. Court finds by narrow margin that interests of justice require exercise of discretion.
Treatment Injury - s 32 Accident Compensation Act 2001. Applicant claimed accident compensation on the basis that she suffered a treatment injury when undergoing upper gastrointestinal endoscopy. Corporation had declined to grant cover on basis there was no evidence to establish physical injury caused by treatment. Applicant appeals against Review Decision on ground it was incorrect. Applicant has not established on balance of probabilities that she suffered a treatment injury for which there is accident compensation cover. Outcome: appeal dismissed.
Appeal - s 20(2)(g) Accident Compensation Act 2001. Whether injury was a consequential injury. Accident did develop or significantly worsen the appellant's syndrome. Outcome: appeal allowed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. 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. Delay caused by appellant's advocate and was not significant. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. 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. Delay arose out of postal delays, which were out of the appellant's control. Outcome: appeal granted.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Applicant seeks leave to appeal on a question of law. Previous judge determined applicant had not established claim for payment of backdated weekly compensation. Applicant had suffered sinusitis. Court finds leave application does not contain any seriously arguable questions of law. Insufficient evidence to support 18 year period of weekly compensation claimed. That decision was open to the court on the facts, therefore no question of law arises. Outcome: application for leave dismissed.
Impairment assessment - Accident Compensation Act 2011, Schedule 1, Part 3. Whether whole person impairment (WPI) rating of zero per cent was correct. WPI carried out correctly and in accordance with the Act. No cogent or contemporaneous evidence that the WPI was flawed or incorrect. Outcome: appeal dismissed.
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. No points of law raised capable of bona fide and serious argument. Appellant’s repeated attempts to relitigate same issue cause for costs award against him. Outcome: appeal dismissed.
Leave to appeal to the High Court – s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. No points of law raised 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. Whether interests of justice required exercise of discretion to sustain appellant’s application to file appeal out of time. Interests of justice established for appeal. Delay of only three days, arose from understandable error. Outcome: appeal granted.
Weekly compensation s 36 Accident Compensation Act 2001. Appeal against decision declining weekly compensation on basis that the appellant was not an earner at the date of the injury. Unable to establish earlier decision was incorrect. Outcome: appeal dismissed.
Leave to appeal on a question of law s 162(1) Accident Compensation Act 2001. No error of law capable of bona fide and serious argument to grant leave to appeal to the High Court. Outcome: application declined.
Personal Injury, Causation s 26; Costs on Review s 148 Accident Compensation Act 2001. Appeal against decision declining cover for amputation and weekly compensation, claim for review costs. Whether amputation causally related to insect bite. Cause was underlying vascular disease. Outcome: appeal dismissed.
Work-related gradual process injury – s 30(3) Schedule 2 Clause 35 Accident Compensation Act 2001. Whether appellant established work-related exposure to trichloroethane caused or contributed to cause of his Parkinson’s disease. Not established on balance of probabilities that disease caused by trichloroethane exposure, as strong familial history of Parkinson’s Disease. Outcome: appeal dismissed.
Cover – Incapacity s 103; Backdated Weekly Compensation Accident Compensation Act 2001. Appeal against decision accepting retrospective incapacity and entitlement to backdated weekly compensation, and letter advising medical certification of incapacity required for further compensation. Decision was wholly in favour of appellant therefore any appeal against it must be refused. Letter was advice, not decision, therefore could not be appealed. Outcome: appeal dismissed.
Leave to appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether Court erred in admitting evidence. Whether Court correctly applied significantly greater risk test. No points of law raised capable of bona fide and serious argument. Outcome: appeal dismissed.
Late filing of appeal to the District Court - s 151 Accident Compensation Act 2001. Appeal relating to Corporation declining cover and declining to fund surgery to treat tears in Appellant's shoulder. Appellant has established that interests of justice require exercise of Court's discretion. Application for leave to file out of time granted. Court draws Appellant's attention to s 161(3) Accident Compensation Act providing if an appeal is not prosecuted with due diligence Court may dismiss it. Outcome: appeal allowed.
Employment status at time of incapacity - clause 43, First Schedule Accident Compensation Act 2001. Whether Corporation correctly declined weekly compensation on basis Appellant not earner at date of injury. Appellant had suffered treatment injury, namely subcostal nerve injury following surgery. Court finds Appellant does not qualify for weekly compensation and Court has no power to reach decision other than in accordance with plain words of clause 43. Outcome: appeal dismissed.
Weekly compensation / calculation of earnings as a self-employed person - s 100, s 14, Schedule 1, Part 2, CL 31,32 Accident Compensation Act 2001. Appeal of decision after Corporation had deducted portion of loan interests costs from income received from investment. Court finds previous decisions correct in treatment of interest treated as an expense related to income from investment and correctly calculated earnings for purpose of determining weekly compensation.
Late filing of appeal to District Court - s 151 Accident Compensation Act 2001. Appeal filed late because Appellant is now disabled and suffered stress caused by review process. Court finds Appellant has established interests of justice require exercise of Court's discretion to sustain her application for leave to file her appeal out of time. Appellant's attention drawn to s 161(3) and is required to comply with deadlines and court directions. Outcome: appeal allowed.