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Interpretation of decision, s 6 Accident Compensation Act 2001. Appeal against a review decision where the reviewer dismissed application for lack of jurisdiction. Appeal unable to be re-opened as decision has been decided by court with binding effect, and no decision to appeal. Outcome: appeal dismissed.
Work-related Gradual Process Injury ss 30 (2) – Accident Compensation Act 2001. Appeal of review decision. Whether lumbar spondylosis satisfies the criteria for work related gradual process cover. The appellant meets the criteria for cover for work related gradual process injury. The appellant is entitled to cover for work related gradual process injury being lumbar spondylosis and disc related changes. Review decision quashed. Outcome: appeal allowed.
Costs on Review; Vocational Independence; Eligibility for Backdated Weekly Compensation, s 148, s 107, s 100, Accident Compensation Act 2001. Appeal against decision on when backdated weekly compensation should be paid to. Whether appellant is vocationally independent. Decision that appellant was vocationally independent was only reasonable conclusion ACC could have reached based on all evidence considered. Outcome: appeal dismissed.
Date of mental injury, claim for rehabilitation assistance outside New Zealand, claim for cover for mental injury – ss 20, 25, 36(1), 128, Accident Compensation Act 2001. Appellant filed appeals relating to decisions on date of mental injury, declining applications for rehabilitation assistance and declining additional cover for migraines and headaches as mental injuries. Corporation issued decision declining mental injury claim on basis events did not cause mental injury. Previous decisions upheld. Outcome: appeal dismissed.
Consequential treatment injury – s 20(2)(d) Accident Compensation Act 2001. Whether injury caused by treatment. Evidential threshold not met to establish consequential treatment-related injury. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay due to advocate felt it caused less stress to Appellant. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay arose out of the error of her advocate and the Corporation does not oppose the application. 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 filing issues due to brain injury. 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 inadvertence rather than change of mind or 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. Delay due to filing issues as the Appellant was self-represented. 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 change of mind or 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. Delay due to confusion over filing dates 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 did not provide any reasons for delay. 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 understandable error rather than a change of mind or indecision. Interests of justice not established for appeal. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to misunderstanding regarding filing appeal process. 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. Applicant seeks leave to appeal a decision made by the Corporation. Appeal deadline missed by 14 days. Interests of justice require Court to exercise its discretion. Outcome: Leave to file appeal out of time granted.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay arose from appellant's inability to retain counsel and Corporation's delay in responding to appellant's request to consider additional evidence. Outcome: leave to file appeal granted.
Leave to appeal – s162 Accident Compensation Act 2001. Appeal of whether there are three reviewable decisions, whether appellant has a valid claim for his right eye, and if the Corporation has failed to make a decision in the statutory time frame. Grounds of appeal proposed are not relevant to the central issue nor sustainable. Outcome: leave to appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to issues navigating ACC process. 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 or inadvertence. Interests of justice established for appeal. 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 error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to end of the year rush and impact of Covid-19. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Interests of justice established for appeal. Outcome: appeal granted.
Appeal from decision dismissing application for review of another decision declining cover for mental injury caused by treatment - s 26(1)(c) Accident Compensation Act 2001. Court found insufficient evidence that the appellant suffered mental injury as a result of physical injury suffered in treatment (spinal injection). Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to issues navigating ACC process. 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.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to Applicant's advocate. 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 by the Applicant's advocate. 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 late courier delivery relating to Applicant's application. 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.
Appeal from decision of a reviewer to decline weekly compensation in respect of lumbar sprain injury - s149 Accident Compensation Act 2001. Court found that appellant was not an earner so was not eligible for weekly compensation. Decision of reviewer upheld. Outcome: appeal dismissed.
Suspension of entitlements - s117, 149 Accident Compensation Act 2001. Appellant challenges decision to suspend his entitlements on his covered injuries. Evidence considered. Concluded that decision to suspend entitlements is correct. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to error by Applicant's representative. 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 a genuine error by Applicant's representative. Interests of justice established for appeal. Outcome: appeal granted.
Appeal of a reviewer’s decision regarding a decision to decline cover and funding for surgery to treat the appellant’s disc prolapse. Insufficient evidence to establish the disc prolapse was caused by the appellant’s accident. Reviewer’s decision is upheld.