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Late filing of an appeal to the District Court ss 149 and 151 Accident Compensation Act 2001. The Court has no jurisdiction to consider the Appellant's appeal against the Reviewer's August decision. Appellant had good grounds to establish extentuating circumstances to lodge a review application out of time for the December decision. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against Respondent's decision to decline cover for a personal injury. Whether or not the Appellant's back injury was caused by an accident or wholly or substantially by a gradual process or disease. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Whether the Appellant's personal injury was caused by an accident. Appellant established a causal nexus between his accident and the changes addressed during surgery. Outcome: appeal allowed.
Treatment injury s 32 Accident Compensation Act 2001. Whether the Respondent's decision to decline Appellant's cover for a treatment injury was correct. Not establised that Appellant suffered personal inury in receiving treatment. Outcome: appeal dismissed.
Mental injury caused by criminal acts s 21 Accident Compensation Act 2001. Appeal against decision declining claim for cover for mental injuries suffered as result of sexual abuse. Outcome: appeal granted.
Treatment injury s 32 Accident Compensation Act 2001. Appellant declined cover for a treatment injury. Whether the Appellant's personal injury was caused by his underlying condition or was a treatment injury.Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Whether the Respondent's decision to decline cover for a neck injury was correct. Outcome: appeal dismissed.
Costs claim. Appellant applied for costs. No sound basis under Rule 14 District Court Rules 2014 for the Appellant to claim any costs. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appeal filed out of time. Appellant has not established that the interests of justice require the exercise of the Court’s discretion to sustain application for leave to file appeal out of time. Outcome: leave to appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appeal filed one day out of time. Interests of justice require the exercise of the Court’s discretion to sustain application for leave to file appeal out of time. Outcome: leave to appeal granted.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to medical matters. Whether interests of justice required the exercise of the Court's discretion to sustain the Appellant's application for leave to file his appeal out of time. Outcome: appeal granted.
Costs decision. Costs awarded on a 2B basis. Outcome: Appellant awarded $7,162.50 in costs.
Weekly compensation s 103(2) Accident Compensation Act 2001. Appeal against decision declining weekly compensation. Whether the Appellant's incapacity was caused by a covered injury or an underlying degenerative condition. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against decision to cancel the Appellant's cover and entitlements. Whether the Appellant's injury was caused by an accident or degenerative condition. Outcome: appeal dismissed.
Appeal to the District Court out of time – s 151(c) Accident Compensation Act 2001. Leave to appeal review decision issued in 2015. Outcome: leave to appeal refused.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay was due to an understandable error or inadvertence caused by the Appellant’s computer. 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 ss 25-26 Accident Compensation Act 2001. Appeal against decision declining cover for an injury. Whether the Appellant's injury was caused by an accident or wholly or substantially by a gradual process or disease. Outcome: appeal dismissed.
Vocational independence s 107 Accident Compensation Act 2001. Whether there was a proper basis to conclude the Appellant met the requirements for vocational independence. Outcome: appeal allowed.
Deemed decision – s 146, Accident Compensation Act 2001. Whether reviewer is deemed to have made decision in favour of appellant, in terms of s 146 of the Act, on basis the date for hearing was not set within three months after the review application received by the Corporation. Review application received 19 December 2019 and review hearing set down on 20 March 2020, deemed provision of s 146 did not apply. Outcome: appeal dismissed.
Claim for costs, relating to an appeal under the Accident Compensation Act 2001. Whether costs, and what amount, should be awarded to the advocate for the appellant. The Court is required to exercise its discretion in terms of the District Court Rules on costs. Outcome: advocate is awarded costs calculated on a 1A basis, with 50 per cent deduction, plus identified disbursement.
Personal injury s 20 Accident Compensation Act 2001. Appeal against a decision to decline cover for an injury. Whether injury was caused by an accident or an underlying genetic pre-disposition. Outcome: appeal dismissed.
Suspension of entitlements – s 117(1), Accident Compensation Act 2001. Whether Corporation’s decision suspending entitlements for appellant’s covered lumbar spine injury was correct. Corporation had sufficient basis to be not satisfied appellant was entitled to continue to receive an entitlement. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether appellant has established the interests of justice require the exercise of the Court’s discretion to sustain the application for leave to file an appeal out of time. Outcome: leave to appeal out of time granted.
Suspension of Entitlements; s 117 Accident Compensation Act. Appeal challenging decision of the Corporation which suspended entitlements in respect of a covered lumbar sprain caused by an accident. Whether the suspension decision was correct; whether there was sufficient evidence to be satisfied appellant’s ongoing condition was no longer causally linked to the 2017 accident; and whether the L3/4 protusion had resolved and was no longer the cause of symptoms at the date of the suspension decision. Given the nature of the covered injury and ongoing symptoms the Corporation had insufficient basis to not be satisfied appellant was entitled to ongoing entitlements at date suspension made. Outcome: appeal allowed.
Treatment injury s 32 Accident Compensation Act 2001. Whether the Respondent correctly declined the Appellant's claim for cover under a treatment injury claim. On balance of probabilities, the Appellant failed to prove a causal relationship between an alleged accident, chiropractic manipution and the lesion that required surgery. Outcome: appeal dismissed.