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Calculation of weekly compensation s 103; Clause 34 Accident Compensation Act 2001. Appellant took issue with calculation of weekly compensation relating to indecent assault at place of work. Held that Appellant unable to establish ACC had failed to follow the provisions of the Act for assessment of weekly compensation. Outcome: appeal dismissed.
Causation, Treatment Injury - s 32 Accident Compensation Act 2001. Appeal against decision declining cover for treatment injury. Whether treatment failure caused Appellant's death. No causation link between death from aspiration pneumonia and care received. Outcome: appeal dismissed.
Entitlements. Whether ongoing pain caused by physical injuries and if so whether physical injuries were caused by fall. Respondent to review entitlements due to Appellant. Outcome: appeal allowed.
Claim for overseas personal injury - s 17(2) Accident Compensation Act 2001. Appeal from decision to decline appellant's claim for cover for mental injury in relation to historic sexual abuse suffered by her outside of New Zealand. Appellant remained absent from New Zealand for a period of six months and one week. Corporation correctly declined the appellant cover on the basis that she was not ordinarily resident in New Zealand at the time the causative criminal events occurred. Previous decision of Reviewer upheld. Outcome: appeal dismissed.
Calculation of weekly compensation - s 15 Accident Compensation Act 2001. Appeal against decision abating weekly compensation and requiring repayment. Whether Corporation correctly assessed income for purposes of abatement of weekly compensation payments. Income was correctly assessed. Outcome: claim dismissed.
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 due to delay in receiving a copy of the Reviewer’s decision. Outcome: appeal granted.
Claims for costs on appeal. Outcome: Court awarded judgment in favour of Appellant. Respondent ordered to pay Appellant costs of $9,836,50, together with disbursements of $2,527.93. 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 her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for backdated weekly compensation - s 103(2) and Schedule 1, clause 32, Accident Compensation Act 2001. Whether Corporation's decision to decline payment of backdated weekly compensation was correct. Applicant did not establish claim and Corporation correctly declined claim. Outcome: claim dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to misunderstanding over review hearing postponement. 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 inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Claim for work-related gradual process personal injury - s 30(2) Accident Compensation Act 2001. Appeal against review decision declining cover for failing to meet statutory test for wrist injury. Appellant met statutory test for cover for his injury as a work-related gradual process injury caused by his accident. Review decision set aside. Outcome: appeal allowed.
Claim for costs on review and other costs - ss 148 and 262(4) Accident Compensation Act 2001. Appeal against review decision declining cover for funding for support person, transport and advocate costs. Reviewer correctly declined cover. No provision which required Corporation to pay transport, support person or advocate costs. Review decision upheld. Outcome: appeal declined.
Appeal relating to claim for weekly compensation and costs - s 209(4), s 148(2)-(3) Accident Compensation Act 2001. Claim relates to receiving cover for mental injury secondary to sexual abuse in childhood. Court finds that Corporation had correctly calculated the appellant's weekly compensation. Corporation had correctly assessed the appellant's entitlement to interest under s 114 of the Act. Previous decisions upheld. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to review decision email going to spam. 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. Delay arose out of inadvertence. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to review decision email going to spam. 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. Delay arose out of inadvertence. Outcome: appeal granted.
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 appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than indecision. 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 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.
Leave to appeal to the High Court - Section 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.
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.
Personal injury s 20 and Suspension of entitlements s 117 - Accident Compensation Act 2001. Appeal against decisions suspending entitlements and declining cover for rotator cuff injury. Evidence suggested Appellant injured at work not result of age-related degenerative injury. Decisions suspending entitlements and declining cover reversed. Outcome: appeal allowed.
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.
Claim for costs on appeal. Appellant entitled to costs. Outcome: Appellant awarded $1,675.75 ($1,555.75 costs and $120 disbursements). 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 mental injury caused by physical injury - s 26(1)(c), Accident Compensation Act 2001. Appeal from decision of reviewer. Decision declined appellant's weekly compensation as a consequence of her physical injury and declined cover for Somatic Symptom Disorder as consequence of physical injury. Medical evidence supports decision to decline entitlement to weekly compensation. Appellant had not established the corporation's previous decision was incorrect. Outcome: appeal dismissed.