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Late filing of an appeal to the District Court – s151, Accident Compensation Act 2001. Whether interest of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Delay arose out of health issues. Outcome: application granted.
Leave to Appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Appellant failed to establish error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Personal injury, causation, s 26 Accident Compensation Act 2001. Appeal against review decision declining cover. Whether right knee medial compartment osteoarthritis caused by accident. Evidence shows condition present before accident. Outcome: appeal dismissed.
Impairment Assessment - Accident Compensation Act 2001, Schedule 1, Part 3. Appeal against review decision assessing impairment. Whether impairment correctly assessed. Held: Corporation correct to decline lump sum and independence allowance. Impairment correctly assessed in accordance with statutory provisions. Outcome: appeal dismissed.
Leave to Appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Appellant failed to establish error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for cover and entitlement to surgery – ss 20, 25, 26, 67 Accident Compensation Act 2001. Whether Corporation correctly declined appellant’s claim for cover and surgery funding. Weight of evidence suggested appellant’s symptoms not due to fracture from accident but arthritic process. Corporation correctly declined cover and surgery funding. Outcome: claim dismissed.
Claim for personal injury - s 26 Accident Compensation Act 2001. Appeal against review decision declining cover. Whether attempted suicide met criteria for being a personal injury. Corporation should address appellant's claim in context of treatment injury and Court of Appeal's recent judgment. Corporation to undertake fresh assessment. Outcome: appeal allowed.
Work-related gradual process injury – s 30(3) Accident Compensation Act 2001. Appeal against review decision declining cover. Whether appellant established work-related exposure to organic solvents caused chronic induced encephalopathy. Appellant established, on balance of probabilities, that chronic induced encephalopathy was caused by work-related exposure. Review decision set aside. Outcome: appeal allowed.
Claim for deemed cover – s 58 Accident Compensation Act 2001. Whether appellant entitled to deemed cover for chronic regional pain syndrome. Appellant never made claim for cover for syndrome, only for original injury, therefore not entitled to deemed cover. Outcome: appeal dismissed.
Leave to Appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Appellant failed to establish error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for weekly compensation – clause 52, Schedule 1 Accident Compensation Act 2001. Whether the appellant, having reached the age of 65, and having been earlier entitled to weekly compensation for more than two years, is entitled to further weekly compensation. Whether the appellant, who had been granted cover for mental injury as a consequence of sexual abuse suffered, was entitled to the grant of cover for PTSD (as later diagnosed) as a new injury. The Corporation’s decisions declining weekly compensation and cover for further mental injuries were correct. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant requests cover for left inguinal hernia. Whether Appellant allowed to file appeal out of time. Appeal filed late due to lack of tangible form of proof within allotted time frame. Appellant established that the interests of justice require the exercise of the Court's discretion to sustain application for leave to file appeal out of time. Outcome: appeal allowed.
Claim for interest on backdated weekly compensation – s 114 Accident Compensation Act 2001. Whether Reviewer correctly dismissed review of Corporation’s decision determining interest on backdated weekly compensation. Interest had been correctly determined, except for one period in issue. Outcome: appeal dismissed, except for modification of Reviewer’s decision for period incorrectly calculated.
Leave to Appeal to the High Court – s 162, Accident Compensation Act 2001. Whether Appellant should be granted leave to appeal to the High Court to determine whether Appellant is a person who is ordinarily resident in New Zealand. Appellant sustained injury resulting from a fall after spinal surgery in Australia. Appellant has not established sufficient grounds as a matter of law to sustain application for leave to appeal. Outcome: appeal dismissed.
Leave to Appeal to the High Court – s 162, Accident Compensation Act 2001. Whether Appellant should be granted leave to appeal to the High Court on the issue of a claimed treatment injury. Appellant has not established District Court judge made an error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claims process - s 54 Accident Compensation Act 2001. Whether the Corporation correctly declined the appellant's claim for cover for PTSD on the basis that it had not received all the relevant information that would enable it to make a decision. The Corporation failed to make a decision on reasonable grounds having regard to the requirement of the Act, the nature of the decision, and all the circumstances. Outcome: appeal allowed.
Claim for costs on appeal - pt 14, District Court Rule 2014. Appellant suffered covered injury of an open wound of the left lower leg. Appellant entitled to weekly compensation. Whether appellant entitled to proceeding costs. Outcome: appeal allowed.
Causation and Entitlement to Surgery – s 67 and Schedule 1 Accident Compensation Act 2001. Whether Corporation wrong to decline cover and surgery costs on basis Appellant’s injury was degenerative, not caused by accident. Appellant’s condition caused or contributed to by 1974 accident, Corporation’s decision declining cover wrong. Outcome: appeal allowed.
Appeal against a review decision. Rehabilitation - Social, Accident Compensation Act 2001, Schedule 1, Part 1 Clauses 21, 22(2)(e), 22(2)(f)(ii). Appellant was involved in a motor vehicle accident. ACC funded a modified vehicle for him. The vehicle was impounded and appellant arranged a different vehicle. A later vehicle provided by ACC was also impounded and lost to the appellant. ACC declined to fund another vehicle on the basis it had already met the appellant's injury-related transport needs and the vehicle had been disposed of without reasonable excuse. Found that ACC would fund a replacement vehicle at the point when appellant's last vehicle would have reached the end of its usable life. Outcome: appeal dismissed.
Work Related Personal Injury – s 30 Accident Compensation Corporation 2001. Whether injury was caused or contributed to by work-related accident, or was age-related degeneration. Appellant proved accident caused or contributed to bursitis. Outcome: appeal allowed.
Appeal. Treatment injury - s 32 Accident Compensation Act 2001. Whether appellent's carpal tunnel release surgery caused a physical injury which was a treatment injury. Appellant gave informed consent for surgery. Initial reduction in grip strength after surgery improved. Treatment injury not proved. Outcome: appeal dismissed.
Personal injury; ordinarily resident in New Zealand – ss 17 and 22 Accident Compensation Act 2001. Whether cover correctly declined on basis Appellant not ordinarily resident in New Zealand at time of accident. Appellant residing in United Kingdom at time of accident, not ordinarily resident in New Zealand. Outcome: appeal dismissed.
Revision of decision under former Act - s 390 Accident Compensation Act 2001. Appellant requested additional lump sum payment in 2021 regarding 1982 injury. Appellant contends that previous lump sum payment of $500 was inadequate. Found that Corporation correctly declined additional lump sum payment. No significant factual material to show that decision 39 years ago was wrong. Outcome: appeal dismissed.
Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Whether serious and arguable question of law raised to sustain application for leave to appeal. Application did not address decision under appeal or identify where judgment was alleged to be wrong in law. Outcome: appeal dismissed.
Claim for weekly compensation – s 15 Accident Compensation Act 2001. Whether Corporation’s decision to decline weekly compensation correct. No evidence of earnings immediately prior to incapacity, therefore decision declining compensation correct. Outcome: appeal dismissed.