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Personal injury – ss 25-26 Accident Compensation Act 2001. Whether the appellant’s rotator cuff tear was a personal injury caused by accident covered by the Corporation. The evidence between the appellant’s accident and his rotator cuff tear is inconclusive and incomplete.Outcome: appeal granted.
Suspension of entitlements - s 117(1) Accident Compensation Act 2001. Whether the decision to suspend the appellant's entitlements was correct. The Corporation did not have sufficient information to be not satisfied that the appellant was entitled to continue to receive her entitlements and to suspend them. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Dismissal of entitlements. Whether the interests of justice required the exercise of discretion to sustain her application for leave to file an appeal out of time. Interests of justice established for appeal. Outcome: appeal granted.
Treatment Injury ss 20, 26, 32 Accident Compensation Act 2001. Appeal against decision to decline cover for treatment and consequential or mental injury. Treatment did not cause a physical injury and therefore personal injury under the Act or consequential or mental injuries. Outcome: appeal dismissed.
Social rehabilitation s 82 Accident Compensation Act 2001. Appeal against decision declining request for disability assist dog training for a disability assist dog needed because of a covered injury. Respondent correctly exercised discretion in declining request. Outcome: appeal dismissed.
Employment, s 6 Accident Compensation Act 2001. Whether the appellant was an earner when he suffered his personal injury. The appellant failed to establish on the balance of probabilities that for the purpose of s 6 of the Act, he was an earner engaged in employment. Outcome: appeal dismissed.
Causation/Personal injury s 20 Accident Compensation Act 2001. Appeal against decision to revoke deemed cover for mutiple injuries. Three accidents caused injury covered by legislation while one was not. Outcome: appeal allowed in part.
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 her application for leave to file her appeal out of time. Delay caused by understandable error or inadvertence. Outcome: appeal granted.
Claim for costs Accident Compensation Act 2001. Appeal as to costs relating to an earlier appeal for damages. Appellant was self-represented so not entitled to costs or damages. Outcome: appeal 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 her application for leave to file her appeal out of time. Interests of justice established to permit the late application. Outcome: appeal allowed.
Decisions on appeal - s 161(3) and Costs Accident Compensation Act 2001. The Appellant did not provide a response to Minute by the due date and time. Outcome: appeal dismissed.
Personal injury, s 20 Accident Compensation Act 2001. Whether the decision accepting the appellant’s claim as a work-related personal injury is correct. On the balance of probabilities, the accident occurred, and the appellant is entitled to cover. Outcome: appeal allowed.
Treatment injury - s 20(2)(d) Accident Compensation Act 2001. Appeal against decision to decline cover for treatment injury. Appellant established on the balance of probabilites that he suffered personal injury caused by the surgery. Outcome: appeal granted.
Personal injury s 26 Accident Compensation Act 2001. Appeal against a decision to decline estate financial support following an unexpected death. Death was caused by a cardiovascular event which was not covered by the legislation. Appellant’s estate not entitled to cover. Outcome: appeal dismissed.
Claim for costs - s 148, Accident Compensation Act 2001. Appeal against a decision dismissing several review applications and making a limited award of costs. The continuance of the applications beyond the Corporation’s advice was highly questionable. The lodgement of multiple reviews (on near-identical issues), rather than a single review application, was not reasonable. The Appellant has not established that she is entitled to further costs than those awarded in the decision. Outcome: appeal dismissed.
Revocation of original decisions - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover for mental injury and spinal cord injury. Sufficient medical evidence to justify revocation of original decision granting cover for mental injury. Not established that spinal cord injury caused by assault. Revocation of cover for spinal cord injury correct. Outcome: appeal dismissed.
Late filing of leave to appeal s 162 Accident Compensation Act 2001. Application for leave to appeal against Respondent's decision to decline funding for a neck brace. Court did not have jurisdiction to entertain the Appellant's application for leave to appeal. Outcome: appeal dismissed.
Claim for personal injury s 6 Accident Compensation Act 2001. Appeal against Respondent's decision to approve cover for a mild traumatic brain injury rather than moderate. Whether jurisdiction to consider Respondent's decision. Respondent's decision to grant cover for mild traumatic brain injury was correct. Outcome: appeal dismissed.
Claim for personal injury - s 67 and Schedule 1, Accident Compensation Act 2001. Appeal against dismissal of application for review of decision to decline to fund further treatment. Corporation's decision found to be correct. Outcome: appeal 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 for leave to file his appeals out of time. Delay arose out of understandable error or inadvertence.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 her application for leave to file her appeal out of time. Delay was not due to understandable error or inadvertence. Outcome: appeal dismissed.
Personal injury/Causation - exposure to spray ss 25-26 Accident Compensation Act 2001. Whether the decision to decline cover for cost of treatment and other support was correct. Whether treatment arose out of an injury suffered in an earlier accident. Causation is proven on the balance of probabilities. Outcome: appeal allowed.
Review of old decision s 134 Accident Compensation Act 2001. Whether the reviewers were wrong to find that there were no reviewable decision in respect of specific decisions. Whether the Appellant had a valid claim for cover. Sufficient evidence for the process to be initiated. Outcome: appeal allowed.
Leave to appeal to the High Court on error of law. Appellant did not establish sufficient grounds to sustain application for leave to appeal. Outcome: appeal dismissed.
Weekly compensation s 100 Accident Compensation Act 2001. Appeal against decision to decline Applicant's application for weekly compensation. Whether incapacity was caused by a gradual process condition or wholly or substantially by his accident. Outcome: appeal dismissed.