Ministry of Justice

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 appeals out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than indecision. Outcome: appeal granted.

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.

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.

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 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.

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.

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.

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.

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.

Jurisdiction - s 149(3) Accident Compensation Act 2001. Appeal related to review decisions on decisions by the Corporation. No jurisdiction for court to hear appeals. Outcome: appeal dismissed.

Weekly Compensation, s 100(1)(a); s 103(2); Cl 32 Schedule 1 Accident Compensation Act 2001. Whether the court has jurisdiction to determine the appellants employment/earnings status at the time his incapacity commenced. Whether the appellant was an employee in permanent employment entitled to a calculation of his weekly compensation under the Act. The appellant was an employee in permanent employment at all material times and thus entitled to a calculation of his weekly compensation under the Act. Decision quashed. ACC to assess the appellant’s weekly compensation as an employee in permanent employment before his incapacity commenced. Costs reserved. Outcome: appeal allowed.

Revocation of cover - Causation - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover. Appeal against decision declining entitlements. Appeal against costs decision. Accident overlooked or ignored by employer. Evidence indicated Appellant suffered an accident resulting in hip and thigh injury. Cover restored so entitlements, including backdated entitlements should follow. Appellant entitled to costs. Outcome: appeal granted for revoked cover.