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Late filing of an appeal to the District Court - s 151, Accident Compensation Act 2001. Whether Court should exercise its discretion to allow a longer time for filing the Notice of Appeal, looking at guidelines in Almond v Read [2017] NZSC 80. On balance interests of justice require exercise of Court's discretion. Outcome: appeal granted.
Suspension of entitlements - s 117(1), decision made in error, s 65, Accident Compensation Act 2001. Applicant appealing suspension of personal injury compensation. Applicant injured during work. Compensation was awarded. Applicant continued to complain of pain. Medical tests were undertaken. Results showed injury had aggravated an underlying condition. Resultingly, the corporation suspended applicant’s payments. Applicant unable to prove causal link between injury and ongoing pain. 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 the leave to appeal out of time. Delay did not arise out of understandable error or inadvertence. Interests of justice not established. Outcome: claim dismissed.
Claim for personal injury - s 26, Accident Compensation Act 2001. Applicant appealing decision to deny cover based on corporation’s assessment that injury caused by ongoing process and not accident. Applicant had suffered injury previously. Applicant applied to the corporation for compensation, which was denied. The decision to deny coverage was not made on reasonable grounds. The corporation is to undertake fresh assessment of applicant’s claim. Applicant entitled to costs. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether applicant can file this late appeal. Following precedent from Almond v Read [2017] NZSC 80 applicant will be able to lodge their appeal. Outcome: appeal granted.
Personal injury and entitlement to surgery - s 26, s 67 and Schedule 1 Accident Compensation Act 2001. Whether appellant's injury caused by an accident or a gradual onset nerve problem, therefore making him ineligible to receive funded surgery. Court found appellant did suffer injury by accident. Outcome: appeal allowed.
Earnings-related compensation. Applicant appealing three separate periods of incapacity covered by two separate injuries. Based on the evidence the applicant was not paid the correct amounts by the corporation over the three periods of incapacity. The difference between the amounts awarded and original amounts are to be paid to the applicant. Outcome: appeal partially allowed.
Treatment Injury – s32 Accident Compensation Act 2001. Appeal against decision declining claim for skin graft. Treatment was within bounds of ordinary consequence of treatment received. Outcome: appeal dismissed.
Weekly compensation – s 103 and Personal injury caused by physical injury - s 26(1)(c) Accident Compensation Act 2001. Whether the Court was correct to decline cover for mental injury as a result of physical injury. Evidence provided concludes the appellant has not established that he suffered CRPS because of his physical injury. Outcome: appeal dismissed.
Appeal regarding a decision made by the respondents declining the appellant’s claim for an additional lump sum payment under ss 78 and 79 of the ACC Act 1982. Held: error made in initial payment to the appellant was identified in a preceding case and remediated by the respondents by the payment of an independence allowance to the appellant. Parliament clearly wished to replace lump sum compensation with an independence allowance under Accident Insurance Act 1998. Appeal is dismissed.
Leave to appeal– s 162 Accident Compensation Act 2001. Application for leave to appeal a decision ceasing entitlement. No question of law arises. Outcome: claim dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to illness. 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 understandable inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Costs. Whether Appellant can claim costs for representation by their wife. Appellant could not establish that his wife satisfied all essential elements of what the law presently requires of an advocate. She was supporting her husband as a spouse. Outcome: claim dismissed.
Treatment Injury – s32 and 33, Accident Compensation Act 2001. Appeal against decision declining cover for a treatment injury. No evidence that the appellant suffered a personal injury caused by treatment. Outcome: appeal dismissed.
Claim for cover and request for surgery funding; suspension of entitlements; clause 1 Schedule 1 and s 117 of the Accident Compensation Act 2001. Whether there is need for further surgery and ongoing rehabilitation payments. Lack of evidence that need for surgery and ongoing payments caused by injury and is not merely aggravation of pre-existing condition. Outcome: appeal dismissed.
Personal Injury - Causation Section 25 Accident Compensation Act 2001. Appeal against decision declining appellant’s request for a driving assessment and home help. The Corporation’s decision to decline cover was incorrect. Outcome: appeal granted.
Application for leave to appeal a decision regarding changing ACC levy classification unit and a request for a new classification unit to be created. Held: ACC correctly decided that on the levy classification that most accurately described the appellant’s business activity and it could not create a new classification unit under s239 of the Act. Appeals are dismissed.
Appeal from a decision by a reviewer regarding the respondent declining to cover the appellant cover for asthma as a work-related gradual process injury. Appellant has not proved on balance of probabilities that he suffers from a Schedule 2 disease therefore not entitled to cover for occupational asthma as a work-related gradual process injury.
Weekly compensation - cl 36, Schedule 1, Accident Compensation Act 2001. Appeal of appellant's pre-incapacity earnings to determine whether his weekly compensation was correct. The Corporation was correct in calculating the appellant’s compensation. Outcome: appeal dismissed.
Appeal under s 149 Accident Compensation Act 2001 for declining of cover for personal injury. Whether sufficient medical evidence to support a fracture or disruption of pelvis having been sustained. Outcome: appeal dismissed
Reserved Judgement, Personal injury - s 26(2) Accident Compensation Act 2001. Whether the appellant's injury was caused by a pre-existing condition or as a result of an accident in 2019. The appellant’s injury was contributed to by an accident in 2019, rather than a pre-existing or degenerative-related condition. Outcome: appeal granted.
Application for leave to appeal a decision regarding respondent declining to fund equipment and home and community support services. Held: respondents prematurely terminated its support services for the appellant. Appeal is allowed.
Claim for personal injury caused by a series of events – s 25(1)(a)(i), Accident Compensation Act 2001. Appeal decision of whether applicant’s personal injury was caused by a series of events or a gradual process. Insufficient evidence the appellant’s condition was a personal injury. Outcome: appeal dismissed.
Alleged delay and requested funding for social rehabilitation ss 134(1), 79 and 84 Accident Compensation Act 2001. Appeal against decision to change social rehabilitation funding. Respondent correctly exercised their discretion and the change in funding reflected the change in circumstances. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice require the exercise of the Court’s discretion to sustain his application for leave to file his appeal out of time. Delay did not arise out of error or inadvertence. Outcome: appeal dismissed