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Reserved judgment as to costs on recall application. s 149 Accident Compensation Act. Appellant and appellant's advocate were on notice that ACC may seek costs due to abuse of process. Advocate's application meritless. Costs awarded against advocate.
Late filing of appeal to District Court. s 151 Accident Compensation Act 2001. Previous decision had declined claim for mental injury in relation to hip condition. Appellant has not established interests of justice require Court's discretion to sustain application for leave to file appeal well out of time. Outcome: claim dismissed.
Personal injury - ss 25, 26 Accident Compensation Corporation Act 2001. Appeal against decision declining cover for knee surgery. Osteoarthritis caused degenerative changes rather than the accident. Outcome: appeal dismissed.
Suspension of entitlements - s 117(1) Accident Compensation Act 2001. Appeal against suspension of entitlements. Sufficient grounds to suspend weekly compensation. Outcome: appeal dismissed.
Social Rehabilitation; Backdated Weekly Compensation; Whole Person Impairment; Independence Allowance. Whether decisions declining social rehabilitation funding, backdated weekly compensation, calculation of weekly compensation, and declining entitlement to independence allowance were wrong. Appellant failed to prove decisions were incorrect. Respondent asked to consider possible ex gratia payment in respect of social rehabilitation. Outcome: appeal dismissed.
Costs of appeal - Claim for costs and disbursements. Outcome: costs awarded to Appellant, $1,524.00 costs and $242.55 disbursements.
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 appeal. Delay arose out of an understandable error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Work-related personal injury - ss 26, 28 Accident Compensation Act 2001. Appeal against decision to decline cover for a work-related personal injury. Appellant's physical injury could be attributed to an accident during the Appellant's employment. Outcome: appeal allowed.
Interpretation of decision - s 6 Accident Compensation Corporation Act 2001 (the Act). Appeal against decision that it was not a reviewable decision under the Act. Reviewer decision was correct. Outcome: appeal dismissed and Respondent entitled to costs.
Claim for costs and disbursements on appeal. Appellant not entitled to costs and disbursements. Appellant was a self-represented litigant so only entitled to disbursements not costs such as loss of his time. Costs and disbursements claim already addressed in earlier proceeding. Outcome: claim dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether appealed decision wrong in law. Applicant failed to establish sufficient grounds, as matter of law, to justify grant of leave to appeal. Applicant failed to establish that Judge made error of law capable of bona fide and serious argument. Outcome: application dismissed.
Entitlement to surgery, causation. Appeal against decision declining to cover or pay for surgery. Appellant’s need for surgery arose from covered accidents. Outcome: appeal allowed, ACC’s decision reversed.
Lump sum compensation for permanent impairment. Part 3, Schedule 1, Clause 54 Accident Compensation Act 2001. Previous decision declining appellant's application for further lump sum was wrong. ACC now required to make further lump sum payment to appellant. Outcome: appeal allowed
Application for recall of judgment. s 149 Accident Compensation Act 2001. Cover for chronic regional pain syndrome was declined. Appellant has not established that justice requires that the Court's previous decision be recalled. Outcome: application dismissed.
Application for leave against previous decision declining cover for obsessive compulsive disorder. s 162(1) Accident Compensation Act 2001. Applicant has not established sufficient grounds as a matter of law to sustain his application for leave to appeal. Outcome: appeal dismissed.
Entitlement to surgery - s 67 and Sch 1 Accident Compensation Act 2001. Appeal against decisions declining cover for surgery funding. Injuries requiring surgery caused by work accidents. Outcome: appeal allowed.
Late filing of appeal to District Court - s 151 Accident Compensation Act 2001. Appeal relating to previous decision declining cover for work related gradual-process injury. Outcome: claim dismissed.
Further ruling on application to recall judgment. s 149 Accident Compensation Act 2001. Appellant's lawyer had reasonable opportunity to put before the court all relevant matters on behalf of client. Outcome: application to recall judgment dismissed.
Claim for deemed decision - Claim for work-related personal injury - ss 28, 30, 135, 146 Accident Compensation Act 2001 - Appeal against a decision allowing cover for a work-related injury. Injury caused by a gradual process not an injury caused by accident. Outcome: appeal allowed.
Review Rights - s 162 Accident Compensation Act 2001. Appeal against decision declining reimbursement for rehabilitation costs. No jurisdiction to consider application for leave to appeal. Outcome: appeal dismissed.
Claim for costs on appeal - Part 14 District Court Rules 2014. Respondent ordered to pay Appellant $544.50 Outcome: costs awarded.
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 appeals out of time. Interests of justice established for appeal. Outcome: appeal granted.
Claim for work-related gradual process injury - ss 28, 30 Accident Compensation Act 2001. Appeal against decision awarding cover for Covid-19 as a work-related injury. Appellant was at a place for purpose of his employment when he was staying at a hotel for an airline layover. Outcome: appeal dismissed.
Interpretation of decision - s 6(1) Accident Compensation Act 2001. Appeal against dismissal of decision for want of jurisdiction. Court did not consider it appropriate or within its jurisdiction to address issues raised by Appellant. Outcome: appeal dismissed.
Claim for interest on weekly compensation - s 114(1) Accident Compensation Act 2001. Backdated weekly compensation - s 105, cl 43, Sch 1. Alleged delay - s 134(1)(b). Appeal from previous decisions regarding interest on payments and incapacity to work. Outcome: claim dismissed.