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Application for recall of judgment. Whether counsel neglected to direct the Court’s attention to a statute, regulation or judicial decision of plain relevance; and where for some other special reason justice requires the judgment to be recalled. Outcome: application for recall dismissed.
Claim for funding for social rehabilitation – s 81, Accident Corporation Act 2001. Whether the Corporation exercised its discretion appropriately in reaching its decisions on home help and attendant care for the appellant. Outcome: appeal dismissed.
Adequacy of evidence of accident causing injury; late claim s 53(3)(a) Accident Compensation Act 2001. Appeal of two decisions of the ACC: (a) - ACR278/18, declining cover for a sprain of the right ankle; and (b) - ACR250/20, declining cover for a right foot sprain. Outcome: appeals dismissed.
Independence Allowance, s 69(1)(d), cl 54, sch 1 - Accident Compensation Act 2001. Appeal challenging a decision declining entitlement to an independence allowance on the basis the level of impairment was less than the minimum level required. Outcome: appeal dismissed.
Weekly compensation s 103(2) Accident Compensation Act 2001. Declined weekly compensation. Whether the appellant was unable to engage in employment in which he was employed when he suffered his personal injury. Outcome: appeal dismissed.
Incapacity for Work s 103 Accident Compensation Act 2001. Declined weekly compensation. Whether appellant was incapacitated at the time of her resignation because of one of her covered injuries. Outcome: appeal allowed.
Costs decision. Outcome: appellant's non-lawyer advocate awarded costs on a 1B basis, with a 50 per cent deduction.
Costs decision. Outcome: appellant ordered to pay costs of $1,910.
Causation, Weekly compensation s 67 Accident Compensation Act 2001. Weekly compensation declined. Evidence indicated causation proven between accident and injury requiring cover. Outcome: appeal allowed.
Section 64 Notice of Claim Decision - Accident Compensation Act 2001. Appeal regarding decision granting cover to appellant for a treatment injury the effect of which failed to restart weekly compensation which was suspended in an earlier decision on another claim. Outcome: appeal dismissed.
Causation, Personal injury s 20 Accident Compensation Act 2001. Cover for injury declined. Whether there was sufficient evidence to support a causal relationship between the appellant's diagnosis and his accidents. Outcome: appeal allowed.
Vocational independence ss 107-112 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had achieved vocational independence. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for treatment injury. Outcome: appeal allowed.
Mental injury - application for leave to appeal to the High Court on question of law under s 162 Accident Compensation Act 2001. Declined potential earnings weekly compensation. Whether the date on which the appellant is deemed to have suffered mental injury is the date on which she might reasonably have been able to receive treatment for that mental injury. Outcome: appeal granted.
Leave to appeal to the High Court on a question of law. No question of law identified. Outcome: appeal dismissed.
Mental injury s 21 Accident Compensation Act 2001. Mental Injury resulting from physical injury s 20. Appeal against decision to decline cover for mental injury arising from physical injury. Outcome: application dismissed.
Entitlement to surgery s 67 and sch 1 Accident Compensation Act 2001. Whether the respondent was correct to decline the appellant's surgery. Appellant's accident was found not to be causally related to the need for surgery. Outcome: appeal dismissed.
Work-related injury - leave to appeal to the High Court under s 162 Accident Compensation Act 2001. Whether a deemed decision should have been made. Whether cover for a work-related injury should have been awarded. Whether costs should have been awarded. Bona fide question of law that is seriously arguable not established. Outcome: deemed decision dismissed; all questions of law raised dismissed; costs reserved.
Abuse of process; Res judicata; Issue estoppel. Appeal against a decision rejecting a claim. Case amounts to abuse of process, not necessary to reach conclusion on res judicata and issue estoppel. Outcome: appeal dimissed.
Section 51 Abatement of Weekly Compensation; Section 14 Earnings as a Self Employed Person; Recovery of Payments made by the Corporation - Accident Compensation Act 2001. Whether decision determining that appellant had been overpaid weekly compensation based on derived income was correct. Outcome: appeal dismissed.
Work Related Gradual Process Injury – s 30 Accident Compensation Act 2001. Appeal of decision declining cover for a work-related gradual process injury. Whether it is more likely than not, for the purposes of s 30(2)(c)(i) the risk of suffering the personal injury is significantly greater for persons who perform the employment task than for persons who do not perform it. Outcome: appeal dismissed.
Lump sum compensation cl 54 Sch 1 Accident Compensation Act 2001. The claimant being alive at the time of an assessment of whole person impairment is an essential prerequisite to an entitlement to lump sum compensation. No discretionary relief for unfortunate cases. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for claimed treatment injuries. Outcome: appeal dismissed.
Suspension of entitlements s 117 Accident Compensation Act 2001. Whether the appellant's injury was cause by pre-existing degeneration or by the covered injury. Outcome: appeal dismissed.
Vocational independence ss 107-113 Accident Compensation Act 2001. Conduct of review hearing via Zoom s 140. Whether the appellant had achieved vocational independence in a number of job options. Whether the hearing time and place was agreed to by all the parties. Outcome: appeal dismissed.