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Personal injury/physical injury - s 26 Accident Compensation Act 2001. Appeal against decision declining cover and entitlement for surgery funding for sacroiliac joint dysfunction. No evidence to establish causation between accidents and medical condition requiring surgery. Earlier decisions correct to conclude Appellant had no cover for and entitlement to surgery funding. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain her application to file her appeal out of time. Interests of justice established for appeal. Delay arose in filing from surgeries undertaken by the appellant. Outcome: appeal granted.
Weekly compensation s 103, cl 32 Accident Compensation Act 2001 - retrospective capacity to work and later incapacity. Appeal against review decision declining weekly compensation. Appellant suffered incapacity due to knee injury. Appellant eligible for weekly compensation. Review decision quashed. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain her application to file her appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than from a change of mind or from indecision. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain his application to file his appeal out of time. Interests of justice established for appeal. Delay arose in filing from error of counsel. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain his application to file his appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than from a change of mind or from indecision. Outcome: appeal granted.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether respondent correct to decline entitlement to weekly compensation on the basis that applicant had unreasonably failed or refused to undergo an initial medical assessment. Insufficient grounds to sustain application for leave to appeal. Outcome: appeal dismissed.
Mental injury/ordinarily resident in New Zealand - ss 21, 21A Accident Compensation Act 2001. Appeal against decision declining cover for mental injuries suffered as a result of sexual abuse committed overseas. No cover for mental injury. Outcome: appeal dismissed.
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 not established for appeal. Appellant did not provide reasons for delay. Outcome: appeal declined.
Claim for costs on appeal. Outcome: Respondent order to pay Appellant $1,358.25 ($1,238.25 costs and $120 disbursements). 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 arose out of error or inadvertence rather than indecision. Outcome: appeal granted.
Classification of industries or risks - s 170 Accident Compensation Act 2001. Appeal against ACC's decision which determined that the Appellant's business activities did not satisfy the criteria to hold multiple classification units. Whether Appellant satisfies requirement set out in s 170(3), which enables ACC to exercise its discretion to classify Appellant into separate classification units for different activites. Outcome: Appeal dismissed.
Leave to Appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain their application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for costs on appeal. Appellant's lay advocate sought $9,845 in costs. Calculation based on one Category 2 rate. Outcome: calculation made on Category 1 rate. Respondent order to pay Appellant's lay advocate $1,651. Appeal allowed in part.
Calculation of weekly compensation s 103; Clause 34 Accident Compensation Act 2001. Appellant took issue with calculation of weekly compensation relating to indecent assault at place of work. Held that Appellant unable to establish ACC had failed to follow the provisions of the Act for assessment of weekly compensation. Outcome: appeal dismissed.
Causation, Treatment Injury - s 32 Accident Compensation Act 2001. Appeal against decision declining cover for treatment injury. Whether treatment failure caused Appellant's death. No causation link between death from aspiration pneumonia and care received. Outcome: appeal dismissed.
Entitlements. Whether ongoing pain caused by physical injuries and if so whether physical injuries were caused by fall. Respondent to review entitlements due to Appellant. Outcome: appeal allowed.
Claim for overseas personal injury - s 17(2) Accident Compensation Act 2001. Appeal from decision to decline appellant's claim for cover for mental injury in relation to historic sexual abuse suffered by her outside of New Zealand. Appellant remained absent from New Zealand for a period of six months and one week. Corporation correctly declined the appellant cover on the basis that she was not ordinarily resident in New Zealand at the time the causative criminal events occurred. Previous decision of Reviewer upheld. Outcome: appeal dismissed.
Calculation of weekly compensation - s 15 Accident Compensation Act 2001. Appeal against decision abating weekly compensation and requiring repayment. Whether Corporation correctly assessed income for purposes of abatement of weekly compensation payments. Income was correctly assessed. Outcome: claim dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain his application to file his appeal out of time. Interests of justice established for appeal. Delay arose due to delay in receiving a copy of the Reviewer’s decision. Outcome: appeal granted.
Claims for costs on appeal. Outcome: Court awarded judgment in favour of Appellant. Respondent ordered to pay Appellant costs of $9,836,50, together with disbursements of $2,527.93. Appeal allowed.
Leave to Appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for backdated weekly compensation - s 103(2) and Schedule 1, clause 32, Accident Compensation Act 2001. Whether Corporation's decision to decline payment of backdated weekly compensation was correct. Applicant did not establish claim and Corporation correctly declined claim. Outcome: claim dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to misunderstanding over review hearing postponement. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of an inadvertence. Interests of justice established for appeal. Outcome: appeal granted.