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Section 58 Deemed decision; Conciliation – delay, Accident Compensation Act 2001. Appeal against review dismissing two applications for review. Whether ACC delayed making a decision on appellant’s claim for entitled to weekly compensation. Whether ACC is deemed to have covered appellant’s injuries. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay arose out of an understandable error or inadvertence on the part of the Appellant's previous advocate. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file her appeal out of time. Outcome: appeal allowed.
Calculation of weekly earnings – s 40 Accident Rehabilitation and Compensation Insurance Act 1992. Whether respondent’s decision on the calculation of the appellant’s entitlement to weekly compensation is correct. Specific focus on issue of whether earnings from 1995/1996 tax year should be included in calculations of weekly compensation payable to appellant following injury in 1997. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an error and was not significant. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file her appeal out of time. Outcome: appeal allowed.
Personal injury s 26 Accident Compensation Act 2001. Appellant declined cover for an injury. Whether the Appellant's injury was caused by a snowboarding accident or an underlying condition. Outcome: appeal dismissed.
Vocational independence. Whether the Respondent's decision that the Appellant had achieved vocational independence was correct. Outcome: appeal dismissed.
Leave to appeal. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Claim for lump sum payment and appointment of an assessor - s 127(3) and cl 58 of Sch 1 Accident Compensation Act 2001. Respondent's communication with Appellant related to administrative matters. Whether the Respondent's communication with the Appellant, advising him what steps were required for a whole person impairment assessment, constituted a decision that was subject to review. Outcome: appeal dismissed.
Vocational independence s 107(1) Accident Compensation Act 2001. Whether the Respondent correctly found that the Appellant had attained vocational independence. Outcome: appeal dismissed.
Suspension of entitlement s 117 Accident Compensation Act 2001. Whether the Respondent's decision declining cover was correct. Whether the decision to suspect the Appellant's weekly compensation was correct. Outcome: appeal dismissed.
Late filing of review application and costs – ss 135 and 148, claim regarding Code of Claimants’ Rights – s 140(3), deemed decisions – s 146, Accident Compensation Act 2001. Appeal of three review decisions. Whether Corporation correctly declined to accept the late filing of the applicant’s review application; if so, whether there is jurisdiction to consider the decision suspending entitlements; and whether the decision to award no costs was correct. Whether a Reviewer correctly held that there was no jurisdiction to entertain a review about a revoked decision, as it had been superseded by a later decision, and then awarded limited costs. Whether a Reviewer correctly dismissed the claim that there were two deemed decisions in the appellant’s favour. Outcome: appeals dismissed and review decisions upheld except in relation to the matter of costs and expenses of the 9 November 2020 decision.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay due to medical difficulties. Whether interests of justice required exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal granted.
Costs claim. Appeal against decision not to reward costs. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a claimed treatment injury. Whether the treatment surgery caused the Appellant's injury. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether's Appellant's injury was an ordinary consequence of his treatment. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. No evidence that the appeal date was inadvertently missed or out of error. Whether the interests of justice required the exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal dismissed.
Weekly compensation s 103(2) and Sch 1, Pt 2, cl 32 Accident Compensation Act 2001. Appeal against decision to decline Appellant's application for weekly compensation. Whether there was a causal link between the Appellant's injury suffered in his accident and the physical condition causing his incapacity. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against decision of a Reviewer. Whether the Appellant's personal injury was causally linked to his accident or wholly or substantially by a gradual process or disease. Outcome: appeal allowed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Three year delay in filing appeal. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to appeal out of time. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against Respondent's decision to decline cover for treatment injury. Whether there was a causal nexus between surgery and post-operative paraplegia. Appellant's post-operative paraplegia found to be an ordinary consequence of the surgery. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against a decision of a Reviewer. Whether the Appellant's injury was caused by an accident or wholly or substantially by an underlying degenerative condition. Outcome: appeal dismissed.
Leave to appeal on a question of law. No point of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Cover granted following lodging of appeal. Respondent reconsidered matter and granted cover for Appellant's injury. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Amount of costs award for Appellant's advocate considered. Advocate costs award and disbursements awarded. Outcome: appeal allowed.
Revocation of cover s 65(1) Accident Compensation Act 2001. Appeal against decision to revoke the Appellant's cover for back injury. Outcome: appeal dismissed.