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Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Corporation had declined cover for work-related gradual process condition. Court finds Appellant has established interests of justice require exercise of Court's discretion to sustain application for leave to file out of time. Leave accordingly granted. Outcome: appeal allowed.
Late filing of appeal to the District Court - s 151 Accident Compensation Act 2001. Corporation had declined to make further payment of interest on back-dated weekly compensation. s 161(3) provides that if appeal not prosecuted with due diligence court may dismiss appeal. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether reviewer correctly dismissed respondent's application. Applicant has not established that judge had made error of law capable of bona fide. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Corporation had declined cover for mental injury. Court finds appeal not prosecuted with due diligence. Outcome: appeal dismissed.
Leave to Appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether reviewer correctly dismissed applicant's application. Applicant has not established that judge had made error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Personal injury, causation - s 26 Accident Compensation Corporation 2001. Appellant brings two separate appeals relating to whether he should have cover for a right hip labral tear. Whether Corporation’s decisions to decline cover for right hip labral tear were correct. Court held necessary causal nexus between accident and injury not been established. Insufficient evidence to show Corporation's decisions were incorrect. Outcome: appeals dismissed.
Preliminary jurisdiction issue - Accident Compensation Act 2001. Appellant suffered shoulder injury and became unable to work. Applications for surgery funding and weekly compensation denied. Appellant used annual leave and sick leave to cover absence. Corporation's decision successfully reviewed but he received no compensation for period leave entitlements used. Court found that it has jurisdiction to determine the legal issue and is prepared to do so. Outcome: claim allowed.
Appeal from decision suspending weekly compensation - s117(3) Accident Compensation Act 2001. Appellant injured bicep lifting an object at work. Whether Corporation correctly suspended weekly compensation on basis of non-compliance. Court finds Appellant had reasonable grounds for objecting to mode of transport to assessment appointment. Appellant's assessment and rehabilitation process not seriously jeopardized by non-attendance at appointment. Appellant did not unreasonably fail to attend appointment such that his compensation should remain suspended. Outcome: appeal allowed.
Vocational independence s 109(2)(b) Accident Compensation Act 2001. Whether respondent correctly declined reassessment of Appellant's vocational independence. Evidence indicated appellant's vocational independence had deteriorated due to injuries. Outcome: appeal allowed.
Personal Injury - s 26; Treatment Injury - s 32 and 33; causation. Appeal against decision to decline cover for obsessive compulsive disorder as a treatment injury. Mental injury not caused because of a physical injury. Outcome: appeal dismissed.
Jurisdiction - Accident Compensation Act 2001. Fourth appeal challenging correctness of respondent's decision relating to impairment assessment. Lack of jurisdiction for appeal. Outcome: appeal dismissed.
Entitlements - Part 4 Accident Compensation Act 2001. Appeal against decisions revoking cover for neck injury. One of the decisions was not reviewable. Appellant was not an earner at pivotal time of another decision. Reason for other appeals no longer existed. Outcome: appeals 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 his application for leave to file his appeal out of time. Interests of justice established for appeal. Delay arose out of understandable error. Outcome: appeal granted.
Leave to appeal to the High Court - Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Deemed cover, personal injury - s 58, s 26 Accident Compensation Act 2001. Appeal of decision confirming deemed cover but simultaneously revoking deemed cover for eye injury/eye trauma, lower back injury, head injury. Same decision had confirmed cover for contusion of lower back. Appellant's position that injuries were suffered as result of police arrest. Court found not enough evidence of injuries caused by police. Decision to revoke cover for eye injury and head injury was correct. Outcome: appeal dismissed.
Causation - Accident Compensation Act 2001. Whether respondent was correct to decline cover for back surgery. Injury damage requiring surgery caused by unnatural dish washing activities during course of employment. Outcome: appeal allowed.
Ordinarily resident in New Zealand - s 117 Accident Compensation Act 2001. Appeal against decision declining cover as appellant not ordinarily resident of New Zealand at time of accident. Appellant not received New Zealand income since 2014. Appellant prevented from treating New Zealand as permanent place of residence. Outcome: appeal dismissed.
Suspension of entitlements - s 119 Accident Compensation Act 2001. Appeal against decision to suspend entitlements due to assessment that condition was unrelated to injury. Circumstances indicated appellant was entitled to receive entitlements for condition. Outcome: appeal allowed.
Cover - Accident Compensation Act 2001. Whether decisions to decline cover for hip injury and suspend entitlements was correct. Evidence suggested injury due to degenerative changes rather than resulting from accident. Respondent correct to suspend appellant's entitlements. Outcome: appeal dismissed.
Entitlement to Weekly Compensation – s 103 Accident Compensation Act 2001. Whether chronic pain connected to covered injury from 1990. Whether injury-related symptoms incapacitating. Evidence insufficient to show appellant suffered continuous incapacity for pre-injury employment to present day. Outcome: appeal dismissed.
Personal injury, s 26 Accident Compensation Act 2001. Appeal to consider entitlements of the appellant. Outcome: appeal allowed. Suspension of weekly entitlements is wrong and is reversed.
Binding effect of review decision - s 147(1)(a) Accident Compensation Act 2001. Appellant made claim for ACC funded assistance to operate home boiler system. Whether Appellant met functional capacity evaluation and qualified engineer assessment requirements. Outcome: appeal dismissed.
Revocation of cover - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover for back pain. Pain not considered to be a injury which should be granted cover. Outcome: appeal dismissed.
Social Rehabilitation, Attendant Care, Laundry Services - Schedule 1, cl 14 and cl 17 Accident Compensation Act 2001. Appeal against decision to approve attendant care for Appellant's father at level one for personal needs, home help, sleepover care. Appeal against decision declining ongoing funding for external laundry services. Appellant's father had suffered a serious traumatic brain injury and visual impairment after tractor tyre exploded. Court unable to find fault in way assessments carried out. Previous decisions correct. Outcome: appeal dismissed.
Weekly compensation - ss 100, 103, cl. 32(1)(a) and (b) Accident Compensation Act 2001. Whether Appellant was unable to engage in employment when personal injury suffered. Whether Appellant was an earner immediately before incapacity commenced. Appellant was able to engage in employment. Appellant was not an earner immediately before claimed periods. Outcome: appeal dismissed.