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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.
Social Rehabilitation “aid or appliance” - sch 1 cl 12 Accident Compensation Act 2001. Appellant sought review of decision declining funding for shoes and socks. Decision to decline funding quashed. Outcome: appeal granted.
Leave to appeal. No error of law capable of bona fide and serious argument established. Outcome: appeal dismissed.
Allowances under the Accident Compensation Act 1982; Jurisdiction; Decision ss 6, 134 of the Accident Compensation Act 2001. Appeal of review decision dismissing claims to dry cleaning and uniform upkeep allowances, gymnasium and pool costs, and an accommodation allowance. Outcome: the appeal is dismissed in respect to the first and third claims. The Court directs the Corporation to separately consider the appellants proposal and determine a separate figure for gymnasium and pool facility costs in respect to the second claim.
Whether the Reviewer's ruling was a review decision - s 145(3) Accident Compensation Act 2001. Reviewer did not make a decision on the substance of the Appellant's decision. Appellant not entitled to an appeal to the District Court. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Delay in receiving application may have been due to the postal system or possibly with the Court. Interests of justice in allowing leave to appeal. 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 her application for leave to file appeal out of time. Interests of justice established for appeal. Outcome: appeal granted.
Work-related mental injury - s 21B(1)(b) Accident Compensation Act 2001. Whether Respondent was correct to decline cover for a work-related mental injury following the Appellant witnessing her older son molesting her younger son in their home. Appellant's witnessed incident was causally related to her PTSD diagnosis and satisfied the criteria for work-related mental harm. Outcome: appeal allowed. Review decision quashed.
Leave to appeal. Whether there was an error of law capable of bona fide and serious argument. Appellant did not establish sufficient grounds, as a matter of law, to sustain her application for leave to appeal. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Question of amount of costs award to Appellant. Outcome: Appellant awarded costs and agreed disbursements $2438.40.
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.
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. 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. 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. 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 appeal out of time. Interests of justice established to sustain appeal. Outcome: appeal granted.