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Claim for costs – s 148, Accident Compensation Act 2001. Whether the Reviewer corrected assessed the costs awarded to Mr Alves in respect of the review hearing; whether the Reviewer had jurisdiction to award additional costs claimed; and, if so, whether the Reviewer appropriately exercised discretion in not awarding additional costs. Outcome: appeal dismissed.
Claim for personal injury – ss 25–26, Accident Compensation Act 2001. Whether decision to decline appellant’s claim for cover for an umbilical hernia was correct. Appellant has established, on a balance of probabilities, that he sustained a personal injury, being a paraumbilical hernia, when pushing a barrow at work, and is entitled to cover for a work injury. Outcome: appeal allowed.
Lump sum compensation s 69(d) and cls 54, 59 Sch 1 Accident Compensation Act 2001. Whether the Respondent correctly declined the Appellant's application for lump sum compensation for permanent impairment. No error in impairment assessments found. Outcome: appeal dismissed.
Claim for independence allowance – Part 4, sch 1 of the Accident Insurance Act 1998. Appeal of decision dismissing application for review of ACC’s decision assessing appellant’s whole person impairment for an independence allowance. Where appellant’s epilepsy should be fixed on a scale of 0-14% as prescribed under Table 5 of the AMA Guides. Appellant has not established on balance that assessment on which ACC based decision was flawed or incorrect. Outcome: appeal dismissed.
Weekly compensation s 103(2) Accident Compensation Act 2001. Appeal against decision declining weekly compensation. Appellant did not establish a direct causal nexus between the earlier covered injury and the physical condition which caused his later incapacity. Outcome: appeal dismissed.
Causation s 20 Personal Injury – Accident Compensation Act 2001. Appeal of decision revoking cover for a spider bite and associated infection and the consequent development of post traumatic stress disorder. Outcome: appeal allowed. Decisions to revoke cover for spider bite and for post traumatic stress disorder are reversed. Decision to suspend entitlement to weekly compensation is reversed.
Causation s 20 Personal Injury – Accident Compensation Act 2001. Appeal of decision declining claim for left inguinal hernia. Whether the hernia caused by an accident. Given the “no hernia” finding on 9 January, not credible to conclude that hernia diagnosed 13 February was result of gradual process and not caused by girdling work undertaken that day. Outcome: appeal allowed. Decision declining claim reversed.
Interest and Transport Cost Claims. Appeal against two review decisions finding there was no jurisdiction to make a review decision in either case. Whether appellant wrongfully denied weekly compensation and interest on overdue travel costs. Outcome: appeal dismissed.
Personal Injury/Causation s 20 Accident Compensation Act 2001. Whether the decision of 9 November 2016 declining cover for calcification of T8/9, resulting from an accident in 1994, is correct. The Court held that some age-related degeneration found in other vertebra did not sustain a finding of degeneration rather than trauma. Outcome: appeal allowed.
Interest on backdated earnings related compensation s 114 – Accident Compensation Act 2001. Appeals against review decisions ACR 261/20 and ACR 15/21. Interest on Money Claims Act 2016 does not apply to ACC payments. Appellant failed to prove respondent’s decision wrong. Outcome: appeals dismissed.
Costs claimed by the Appellant at Review. Appeal against decision refusing to award costs to the appellant’s wife representing the appellant. Outcome: appeal declined.
Claim for metal injury caused by certain criminal acts and assessment for an independence allowance ss 21 and 377(2) Accident Compensation Act 2001. Appeal against two decisions dismissing application for review of ACC's decisions declining cover for major depressive disorder (MDD) and polysubstance abuse and awarding an independence allowance at a rate of 15% from the date of reassessment. Appellant did not establish on balance of probabilities that her sexual abuse caused her MDD and polysubstance abuse. Outcome: appeal dismissed.
Costs. Whether costs fall under category 1A or category 2B. Outcome: the Court found it is a category 1 proceeding.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence and therefore not eligible for weekly compensation. Outcome: appeal dismissed.
Entitlement to surgery Section 67 and Schedule 1 Accident Compensation Act 2001. Appeal to claim payment for shoulder injury requiring surgery. Whether the need for surgery was causally related to the accident. Outcome: Appeal allowed.
Incapacity, weekly compensation - Accident Compensation Act 2001. Appeal against decision declining weekly compensation on the grounds the appellant did not have incapacity caused by a covered injury. Outcome: appeal allowed.
Entitlement to an independence allowance, pt 4, sch 1 of the Accident Insurance Act 1998, subject to the modifications in s 377 of the Accident Compensation Act 2001. Whether the respondent’s decision to decline cover on the basis the appellant failed to undergo an assessment with a Corporation appointed assessor was correct. Appellant failed to show on the balance of probabilities the respondent’s decision was wrong. Outcome: appeal dismissed.
Work related gradual process injury - s 30 Accident Compensation Act 2001. Whether there is sufficient evidence to establish causal connection required by s 30(2)(b) of the Act. Insufficient evidence to conclude appellant’s work tasks caused or contributed to the cause of his injury. Outcome: appeal dismissed.
Application for leave to appeal. Whether the Court erred in: adopting the wrong test to determine social rehabilitation for multiple physical injury entitlements; failing to apply the legal test to social rehabilitation entitlements; and failing to apply proof of causation on balance of probabilities. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No point of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Whether the respondent correctly declined the appellant's claim for cover for a treatment injury. Outcome: appeal dismissed.
Mental injury s 26(1)(c) Accident Compensation Act 2001. Appeal against declined cover for mental injuries under a treatment injury claim.Outcome: appeal allowed.
Weekly compensation s 67 Accident Compensation Act 2001. Declined weekly compensation. Whether there was evidence to establish that the condition, for which the appellant claimed compensation, was caused by covered personal injuries. Outcome: appeal dismissed.
Claim for cover for personal injury, revocation of cover and suspension of entitlements – ss 26, 65 and 117 Accident Compensation Act 2001. Appeal of decision dismissing review of decisions declining surgery funding; revoking cover and suspending entitlements. Whether pathology in appellant’s right ankle was caused by accident as opposed to pre-existing arthritis. Outcome: appeal dismissed.