Ministry of Justice

Mental Injury Suffered Because of Physical Injury – s 26(1)(c) Accident Compensation Act 2001. Whether Corporation correctly declined cover for Appellant’s depression, said to be consequence of covered lumbar sprain injury. Whether Appellant suffered mental injury because of physical injuries. Severity of injuring event, its immediate effect on Appellant’s ability to work as well as its timing, with immediate flow on effects in respect of the family’s financial and material wellbeing, was a material cause in development of Appellant’s depression. 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.

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.

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.

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.

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.

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.

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 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.

Code of ACC Claimants’ Rights – s 40; Appeals process – s 149(3); Decision – s 6(1), Accident Compensation Act 2001. Whether Reviewer correctly declined jurisdiction in relation to appellant’s letter of complaint. Whether Court had jurisdiction to consider appeal. Appellant’s letter constituted complaint under Code; Reviewer had jurisdiction to hear and decide upon review. S 149(3) bar on Court’s jurisdiction did not apply. Outcome: appeal allowed.

Payment or Contribution to Costs of Treatment - Clause 1 and 2, Schedule 1 ACC Act 2001. Whether the Corporation was correct in declining to fund further costs of treatment and travel to attend treatment.  The Corporation was incorrect in declining costs for treatment and associated travel. Thus, the decision is reversed.  The appellant’s need for treatment arises from her head injury of 21 January 1992 and the subsequent head injuries she suffered. Outcome: 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 appeals out of time. Interests of justice established for appeal. Outcome: appeal granted.