Ministry of Justice

Claim for personal injury - s 20, 25, 26 Accident Compensation Act 2001. Appeal against decline of application for weekly compensation, treatment and rehabilitation for lumbar disc prolapse. Suffered accident at work when lifting heavy item and felt pain in back. Held: cover incorrectly declined on basis that it was likely a pre-existing degenerative condition. Found sufficient lay and medical evidence to draw inference that prolapse was caused by the accident. Outcome: appeal allowed.

Claim for mental injury by sexual abuse – s 21, Accident Compensation Act 2001. Whether Corporation correctly declined cover on basis Appellant did not suffer from any psychiatric disorder, and event described did not cause mental injury. Appellant failed to establish he suffered from a mental injury, or that his mental condition was caused by criminal act under Schedule 3 of the Act. Corporation correctly declined cover. Outcome: appeal dismissed.

Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001. Whether Corporation correctly declined Appellant’s cover and surgery funding for left shoulder pathology on basis that need for surgery was not primarily due to covered injury. Corporation’s decision was correct. Outcome: appeal dismissed.

Appeal from the decision of a Reviewer. S 25(1)(ba) Accident Compensation Act 2001. Whether Ms Gilbert’s hepatitis A was the result of a criminal act which is required under the relevant section. Held: s 25(1)(ba) of the Accident Compensation Act 2001 requires the ingestion to be the result of an act which is criminal, as shown by way of a charge, conviction or clear evidence of the commission of tan offence. s 223(1)(b)(ii) of the Food Act 2014 does not create a strict or absolute liability offence. No evidence of any regulatory or criminal investigation, charges, conviction or enforcement action. Decision of reviewer is upheld. Appeal is dismissed.

Claims process – s 149(3), Accident Compensation Act 2001. Whether Court had jurisdiction to hear appeal. No jurisdiction to hear appeal relating to a Code complaint. Outcome: appeal dismissed.

Suspension of entitlements – s 117, weekly compensation – s 103, Accident Compensation Act 2001. Whether decision declining cover for back contusion injury was correct. Whether decision suspending entitlements for treatment and declining weekly compensation for knee injury were correct. Cover for back contusion injury subsequently found, resulting entitlements subject to review proceedings not yet concluded, therefore no jurisdiction for Court to hear and decide on Appellant’s entitlements relating to back contusion injury. Decision suspending entitlements for treatment and weekly compensation for knee injury correct. Outcome: appeal dismissed.

Appeal - claim for personal injury s 20, 25, 26 Accident Compensation Act 2001. Declined cover for a lumbar disc prolapse. Held: correctly declined cover on the basis that there was not sufficient evidence to show that injury was caused by accident. Accident caused the effects of degenerative changes to become apparent. Outcome: appeal dismissed.

Suspension of entitlements – s 117, Accident Compensation Act 2001. Whether Corporation correctly suspended Appellant’s entitlements on basis his current condition was no longer result of personal injury. Corporation had sufficient basis to suspend Appellant’s entitlements. Outcome: appeal dismissed.

Cover and entitlement to surgery – section 64 and Schedule 1, Accident Compensation Act 2001. Whether Corporation’s decisions declining cover for right shoulder sternoclavicular osteoarthritis and funding for surgery, and revoking and declining cover for closed traumatic dislocation, were correct. Whether causal link between Appellant’s accident and injuries for which cover had been granted and surgical funding sought. There was sufficient evidence to support claim for cover and surgery. Corporation’s decisions were not correct. Outcome: appeal allowed.

Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Grounds raised by Applicant for leave to appeal did not involve questions of law capable of bona fide and serious argument justifying appeal to the High Court. Outcome: application dismissed.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Very significant delay of over eight years and seven months. Appellant seeking extraordinary indulgence from the Court, requiring very strong case. Court not satisfied delay arose from understandable error or inadvertence. History of delay and non-cooperation by Appellant in litigation with Corporation. Reasonable possibility of prejudice to Respondent. Appellant failed to establish interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application dismissed.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Late filing of nine days resulted from error or inadvertence of Appellant’s counsel. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.