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Claim for work-related gradual process personal injury - s 30(2) Accident Compensation Act 2001. Appeal against review decision declining cover for failing to meet statutory test for wrist injury. Appellant met statutory test for cover for his injury as a work-related gradual process injury caused by his accident. Review decision set aside. Outcome: appeal allowed.
Claim for costs on review and other costs - ss 148 and 262(4) Accident Compensation Act 2001. Appeal against review decision declining cover for funding for support person, transport and advocate costs. Reviewer correctly declined cover. No provision which required Corporation to pay transport, support person or advocate costs. Review decision upheld. Outcome: appeal declined.
Appeal relating to claim for weekly compensation and costs - s 209(4), s 148(2)-(3) Accident Compensation Act 2001. Claim relates to receiving cover for mental injury secondary to sexual abuse in childhood. Court finds that Corporation had correctly calculated the appellant's weekly compensation. Corporation had correctly assessed the appellant's entitlement to interest under s 114 of the Act. Previous decisions upheld. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to review decision email going to spam. 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 inadvertence. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to review decision email going to spam. 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 inadvertence. Outcome: appeal granted.
Suspension of weekly entitlement - s 117(1), claim of delay – s 134(1)(b), claim for review costs - s 148(2)(b) Accident Compensation Act 2001. Whether Corporation's decision suspending applicant's entitlement to weekly compensation was wrong in fact and law and in relation to costs not being awarded. In light of Corporation's decision to revoke earlier suspension decision, appeal regarding suspension of weekly compensation dismissed. Appeal in relation to costs of second review application dismissed. Applicant entitled to costs of this appeal. Claim 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 established for appeal. Delay arose out of error or inadvertence rather than indecision. 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 appeals out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than indecision. Outcome: appeal granted.
Leave to appeal to the High Court - Section 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 costs on discontinuance of appeal. Whether conduct of appellant's advocate amounted to abuse of process. Advocate's conduct did not reach level of abuse of process. Court exercised discretion not to award costs. Outcome: claim dismissed.
Personal injury s 20 and Suspension of entitlements s 117 - Accident Compensation Act 2001. Appeal against decisions suspending entitlements and declining cover for rotator cuff injury. Evidence suggested Appellant injured at work not result of age-related degenerative injury. Decisions suspending entitlements and declining cover reversed. Outcome: appeal allowed.
Causation - 20 Accident Compensation Act 2001. Appeal against decision declining to extend cover to include a peroneal tear of her right ankle. Medical evidence supported conclusion of ankle injury. Decision reversed. Outcome: appeal allowed.
Claim for costs on appeal. Appellant entitled to costs. Outcome: Appellant awarded $1,675.75 ($1,555.75 costs and $120 disbursements). 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 his application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for mental injury caused by physical injury - s 26(1)(c), Accident Compensation Act 2001. Appeal from decision of reviewer. Decision declined appellant's weekly compensation as a consequence of her physical injury and declined cover for Somatic Symptom Disorder as consequence of physical injury. Medical evidence supports decision to decline entitlement to weekly compensation. Appellant had not established the corporation's previous decision was incorrect. Outcome: appeal dismissed.
Claim for interest on weekly compensation - s 114(1) Accident Compensation Act 2001. Claim had already been dealt with in the same month the claim was lodged. Correct to dismiss the review on the grounds of lack of jurisdiction. Outcome: appeal dismissed.
Claim for work-related mental injury - s 21B Accident Compensation Act 2001. Appeal against declined cover for mental injury resulting from workplace bullying. Whether circumstances of appellant's claim met criteria of s 21B. Appellant has not established the corporation's previous decision was incorrect. Outcome: appeal dismissed.
Cover and funding for treatment - Part 3 and s 67 Accident Compensation Act 2001. Appellant appeals two decisions declining cover for meibomian gland disease and funding for IPL treatment. Weight of evidence shows accident did not cause the condition. Entitlements must be linked to covered injuries. Appellant not eligible to receive entitlements. Previous decisions of corporation are correct. Outcome: appeal dismissed.
Jurisdiction - s 6(1) Accident Compensation Act 2001. Appeal against decision to dismiss appeal for lack of jurisdiction. No error of law capable of bona fide and serious argument. No wider importance of any contended point of law. Outcome: appeal dismissed.
Revocation of cover - s 65; mental injury – s 26; suspension of entitlements – s 117, Accident Compensation Act 2001. Whether Corporation's decisions to revoke cover for injuries, decline cover for mental injury due to physical injury and suspend entitlements was correct. Corporation's decisions were correct. Outcome: claim dismissed.
Leave to appeal on a question of law s 162 Accident Compensation Act 2001. No point of law capable of bona fide serious argument in the High Court. Outcome: application declined.
Claim for cover for personal injury - ss 20, 25, 26 Accident Compensation Act 2001. Appeal of Reviewer's decision. Reviewer dismissed application for review of Corporation's decision declining cover for open wound of right foot. Appellant has not discharged onus of proving that physical injury sustained led to development of subsequent foot infection. Outcome: appeal dismissed.
Claim for weekly compensation - Schedule 1, clause 52 Accident Compensation Act 2001. Appeal against decision dismissing review of Corporation decision declining request for weekly compensation following knee surgery. Appellant not entitled to weekly compensation as he had exceeded period of entitlement at time of reaching Superannuation qualifying age. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his applications for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Appeal from Reviewer - jurisdiction s 149(1), claim for social rehabilitation s 81, whether causal link between symptoms and injuries ss 20,25,26, costs on review s 148(2) Accident Compensation Act 2001. Decision had declined to provide social rehabilitation assessment and transport assistance. Decision had dismissed allegation that Corporation had failed to issue decision in timely manner in response to request for individual rehabilitation plan. Also appealing review costs awarded. Found that Corporation did not have obligation to appellant to undertake further assessments. No causal link between symptoms and covered injuries. Appellant did not have ongoing entitlement to rehabilitation. Reviewer had appropriately exercised discretion in relation to award of review costs. Decision of reviewer upheld. Outcome: appeal dismissed.