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Work-related gradual process - s 30 Accident Compensation Act 2001. Appeal of decision that quashed declining cover for work-related gradual process injury. Whether shoulder injury was work-related gradual process injury. Workplace assessment occurred after review decision. Outcome: review decision quashed. Order directing another review by different Reviewer considering all evidence.
Claims process, Accident Compensation Act 2001. Appeal against decision dismissing appellant's review applications because of lack of jurisdiction. Appeals lodged outside of statutory time limits and leave to file the reviews late had not been granted. Outcome: appeal 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. Delay arose out of error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. Respondent correctly determined that the appellant had achieved vocational independence in three job options. Outcome: appeal dismissed.
Treatment injury - s 32 Accident Compensation Act 2001. Appeal against review decision declining cover for hepatitis C as a treatment injury. The appellant failed to prove, on the balance of probabilities, that the hospital care he received for a brain bleed caused the infection. Outcome: appeal dismissed. Review decision upheld.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Notice of Appeal missorted by the postal service. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error rather than indecision. Interests of justice established for appeal. 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 her application for leave to file her appeal 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 High Court - s 162 Accident Compensation Act 2001. Applicant seeks leave to appeal to the High Court against a judgment of the District Court in this matter. Applicant submits the judge overlooked important documents. Argument that the judge has erred in his treatment of facts so as to amount to an error of law is not supported. Applicant failed to make out grounds for leave to appeal. Outcome: appeal 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 her application for leave to file her appeal out of time. Interests of justice established for appeal. Appeal significant to Appellant. Outcome: appeal granted.
Claim for overseas rehabilitation costs - s 128 Accident Compensation Act 2001. Appeal of Reviewer's decision. Reviewer dismissed application for review of Corporation's decision. Corporation declined application for overseas treatment of selective dorsal rhizotomy. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Appeal against review of decision declining entitlement to funding for back surgery. Whether appellant’s condition was traumatic in origin, or the result of a pre-existing degenerative condition. Appellant’s disc prolapse was traumatic in origin. Outcome: appeal allowed. The appellant is entitled to costs.
Impairment assessment - Part 3, Schedule 1 Accident Compensation Act 2001. Appeal from decision that dismissed application for lump sum compensation in respect of appellant's post-traumatic stress disorder. Appellant has not established the impairment assessment on which the Corporation based its decision to decline her application for a lump sum payment of compensation for her impairment, was incorrect. Previous decision of reviewer upheld. Outcome: appeal dismissed.
Leave to Appeal to the High Court - s 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.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Cover issues, causation, gradual process, personal injury – ss 20(2), 25, 26, 30 Accident Compensation Act 2001. Appeal against decision declining a claim for tuberculosis. Insufficient evidence appellant contracted tuberculosis. Outcome: appeal dismissed.
Suspension of Entitlement - s 72 and s 117(3) Accident Compensation Act 2001. Whether respondent correct to decline the Appellant's weekly compensation for refusing to undergo a medical assessment. No reasonable period given before suspension of weekly compensation. Outcome: appeal granted.
Cover Issues, Part 2, Accident Compensation Act 2001. Appeal against decision declining cover. Whether the appellant is entitled to cover for L4/5 disc protrusion and nerve root compression. Incident set in train the process that resulted in appellant's need for surgery. 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. Delay arose out of error of inadvertence out of Appellant's control. Interests of justice established for appeal. Outcome: appeal granted.
Claim for cover for work-related gradual process injury - ss 30 and 60 Accident Compensation Act 2001. Whether the appellant established he suffered a work-related gradual process injury from being sufficiently exposed to chemicals capable of causing bladder cancer in the course of his work. On the balance of probabilities, the appellant’s personal injury was suffered in employment that involved exposure to an aromatic amine. The Police failed to establish grounds to decline the appellants claim. Outcome: appeal allowed. Appellant is entitled to costs.
Leave to appeal to the High Court - s 162, Accident Compensation Act 2001. Whether applicant entitled to cover for treatment injury. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Question of amount of costs award. Outcome: Appellant awarded $920.75 in costs.
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. Delay arose out of an understandable error regarding miscalculation due to statutory holidays. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant miscalculated filing time limit due to statutory holidays. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant miscalculated filing time limit due to statutory holidays. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to medical reasons. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay did not arise out of a change of mind or indecision. Interests of justice established for appeal. Outcome: appeal granted.