Ministry of Justice

Appeal from decision suspending weekly compensation - s117(3) Accident Compensation Act 2001. Appellant injured bicep lifting an object at work. Whether Corporation correctly suspended weekly compensation on basis of non-compliance. Court finds Appellant had reasonable grounds for objecting to mode of transport to assessment appointment. Appellant's assessment and rehabilitation process not seriously jeopardized by non-attendance at appointment. Appellant did not unreasonably fail to attend appointment such that his compensation should remain suspended. Outcome: appeal allowed.

Personal Injury - s 26; Treatment Injury - s 32 and 33; causation. Appeal against decision to decline cover for obsessive compulsive disorder as a treatment injury. Mental injury not caused because of a physical injury. Outcome: appeal dismissed.

Entitlements - Part 4 Accident Compensation Act 2001. Appeal against decisions revoking cover for neck injury. One of the decisions was not reviewable. Appellant was not an earner at pivotal time of another decision. Reason for other appeals no longer existed. Outcome: appeals dismissed.

Leave to appeal to the High Court - 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.

Causation - Accident Compensation Act 2001. Whether respondent was correct to decline cover for back surgery. Injury damage requiring surgery caused by unnatural dish washing activities during course of employment. Outcome: appeal allowed.

Suspension of entitlements - s 119 Accident Compensation Act 2001. Appeal against decision to suspend entitlements due to assessment that condition was unrelated to injury. Circumstances indicated appellant was entitled to receive entitlements for condition. Outcome: appeal allowed.

Entitlement to Weekly Compensation – s 103 Accident Compensation Act 2001. Whether chronic pain connected to covered injury from 1990. Whether injury-related symptoms incapacitating. Evidence insufficient to show appellant suffered continuous incapacity for pre-injury employment to present day. Outcome: appeal dismissed.

Binding effect of review decision - s 147(1)(a) Accident Compensation Act 2001. Appellant made claim for ACC funded assistance to operate home boiler system. Whether Appellant met functional capacity evaluation and qualified engineer assessment requirements. Outcome: appeal dismissed.

Social Rehabilitation, Attendant Care, Laundry Services - Schedule 1, cl 14 and cl 17 Accident Compensation Act 2001. Appeal against decision to approve attendant care for Appellant's father at level one for personal needs, home help, sleepover care. Appeal against decision declining ongoing funding for external laundry services. Appellant's father had suffered a serious traumatic brain injury and visual impairment after tractor tyre exploded. Court unable to find fault in way assessments carried out. Previous decisions correct. Outcome: appeal dismissed.

Personal injury/physical injury - s 26 Accident Compensation Act 2001. Appeal against decision declining cover and entitlement for surgery funding for sacroiliac joint dysfunction. No evidence to establish causation between accidents and medical condition requiring surgery. Earlier decisions correct to conclude Appellant had no cover for and entitlement to surgery funding. Outcome: appeal dismissed.

Weekly compensation s 103, cl 32 Accident Compensation Act 2001 - retrospective capacity to work and later incapacity. Appeal against review decision declining weekly compensation. Appellant suffered incapacity due to knee injury. Appellant eligible for weekly compensation. Review decision quashed. Outcome: appeal allowed.

Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain his application to file his appeal out of time. Interests of justice established for appeal. Delay arose in filing from error of counsel. Outcome: appeal granted.

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.