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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 her appeal out of time. Appellant’s delay arose out of the error or inadvertence of her advocate. 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. Delay arose out of understandable error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Leave to appeal a reviewer’s decision. Application for leave to appeal a decision declining the applicant’s claim for weekly compensation based on loss of potential earnings (LOPE). Insufficient evidence that the applicant was actively studying or training for an occupation, career, or profession, which he intended to take up on completing his study or training subject to the one-year limitation, after his accident, to lodge his claim for compensation.
Independance allowance - Schedule 1 Part 4 Accident Insurance Act 1998; ss 48,51,52 Accident Compensation Act 2001. Appellant claims independence allowance for mental injury consequent on physical injury should be backdated to date of physical injuries. Court finds appeal seeking backdated payments cannot be sustained. Outcome: appeal dismissed.
Claim for treatment injury - Sections 32 and 33 Accident Compensation Act 2001. Whether the appellant is entitled to a cover for a treatment injury for a stroke following right shoulder arthroscopy surgery. Based on the evidence, appellant's stroke was not caused by the treatment, but by the underlying carotid artery disease. Outcome: appeal dismissed.
Costs. Costs claim for review applications. Claim application delayed. Outcome: Length of delay was unacceptable. Appeal dismissed.
Leave to appeal to the High Court - section 162 Accident Compensation Act 2011. Whether the appellant was vocationally independent and should her weekly compensation continue. No questions of law arise in this case. Previous decision applied correct legal tests based on the evidence and correct to find appellant was vocationally independent and her weekly compensation should cease. Outcome: appeal dismissed.
Leave to appeal. Whether the corporation’s calculation of the applicant’s weekly compensation was correct. Applicant has not established there was an error of law capable of bona fide and serious argument. Outcome: leave to appeal dismissed.
Leave to appeal to the High Court. Application for leave to appeal a decision of the Court that did not examine the tests for personal injury by accident. The appellant has not identified any alleged error of law in the judgment. Outcome: leave to 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 appeals out of time. Delay arose out of error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Leave to appeal a reviewer’s decision. Application for leave to appeal a decision that the applicant’s workplace injury did not have a causal link to his current shoulder symptoms. The appellant has not identified any alleged error of law in the judgment. Outcome: leave to appeal is dismissed.
Claim for cover for work-related mental injury – ss 21B and 28(1); late lodgement of review application – s 135 Accident Compensation Act 2001. Whether the appellant satisfies the requirements for a work-related mental injury; whether the Corporation was correct in declining to accept the late lodgement of review application. The appellant meets the statutory criteria for cover for a work-related mental injury. The corporation was correct in finding there was insufficient evidence to show that extenuating circumstances prevented the appellant from lodging review applications within the required time. 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 her application for leave to file her leave out of time. Delay arose out of signification mental injuries and caused understandable error or advertence. Outcome: claim 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 appeal out of time. Delay arose out of error or inadvertence on the part of his advocate. Interests in justice in allowing leave to appeal. Outcome: appeal granted.
Loss of weekly compensation where vocational independence determined – s 112 Accident Compensation Act 2001. Appeal of decision dismissing review of Corporation’s decision advising appellant had vocational independence, quashing the Corporation’s decision accepting the appellant’s vocational independence had deteriorated, and costs. Outcome: appeal allowed. The appellant is entitled to costs.
Calculation of earnings for weekly compensation – s 9 and sch 1, Accident Compensation Act 2001. Whether the respondent’s decision to dismiss an application for review is correct. The Corporation correctly calculated the appellants’ weekly compensation based on the information at hand. The decision of the Reviewer is therefore upheld. Outcome: appeal dismissed.
Claim for weekly compensation - ss 103, 104, 105, Accident Compensation Act 2001. Whether the decision to dismiss appellants’ weekly eligibility for weekly compensation was correct. The decision to cease entitlement to weekly compensation was correct. Outcome: appeal dismissed.
Claim for personal injury through a series of events other than a gradual process- s 25 Accident Compensation Act 2001. Appeal of review of decision declining cover for injury. Whether there is sufficient evidence, the appellant’s condition is a personal injury by accident. There is insufficient evidence the appellant’s condition is a personal injury by accident. Outcome: appeal dismissed.
Weekly compensation - s 103(2) and cl 32 Accident Compensation Act 2001. Appeal against declining weekly compensation and funding for surgery. The letter was not a reviewable decision, and the Corporation’s decision to decline weekly compensation was correct. Outcome: appeal dismissed.
Leave to appeal to the High Court. Application for leave to appeal a decision declining to reassess the appellant’s whole person impairment. The appellant has not identified any alleged error of law in the judgment or provided submissions in support of her application. Outcome: appeal dismissed
Section 32 Accident Compensation Act 2001 - treatment injury; proof of injury. Appeal against decision declining claim for treatment injury due to insufficient evidence. On the balance of probabilities, an epidural injection caused the appellant's treatment injury of arachnoiditis. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether the delay resulted from a deliberate decision not to proceed followed by a change of mind, from indecision, or from error or inadvertence. The appellant’s delay arose out of understandable error or inadvertence, rather than a change of mind or from indecision. Outcome: appeal granted.
Proof of incapacity - s 102 Accident Compensation Act 2001. Appeal against decision declining back dated weekly compensation. Appellant failed to discharge onus to prove incapacity within specific time periods. Outcome: appeal dismissed.
Costs decision. Outcome: costs and disbursements of $3,655.50 awarded.
Cover for personal injury and suspension of entitlements - ss 20 and 117(1) Accident Compensation Act 2001. Appeal against decision to decline cover. Causal connection between Appellant's accident and injury proven on the balance of probabilities. Outcome: appeal granted.