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Meaning of 'earner' cl 32 Schedule 1 Accident Compensation Act 2001. Whether the appellant, who was completing work experience as part of the requirements of a degree, should be considered an 'earner' for the pruposes of the Act. Outcome: appeal dismissed.
Appeal under s 151 – Accident Corporation Act 2001. Appeals from two decisions at review which declined request for an automatic motor vehicle and cover for leg and foot pain. Court satisfied that covered injury event caused development of CRPS. Outcome: appeals allowed and the two review decisions are quashed. ACC to review what entitlements appellant has from CPRS.
Social Rehabilitation s 81 and cls 21 and 22 Schedule 1 – Accident Compensation Act 2001. Appeal whether ACC correctly exercised discretion in a decision to fund the purchase of a motor vehicle. Court not satisfied sufficient inquiry made of the causal link between appellant’s transport needs and covered injuries. Outcome: appeal allowed and decision quashed. ACC directed to undertake reassessment.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether or not the appellant suffered a treatment injury when he was born. Outcome: appeal allowed.
Application for leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. Cover declined. Whether evidence supported the claim that the injury was attribuable to the accident. No question of law arose. Outcome: appeal dismissed.
Funding for surgery cl 2 Schedule 1 Accident Compensation Act 2011 - Weekly compensation s 103 - Suspension of entitlements s 117. Appeal against declined funding for surgery. Appeal against declined weekly compensation. Appeal against suspension of ongoing entitlement to fund medical treatment. Outcome: need for surgery not causally linked to accident. Suspension of entitlements decision dismissed. Causal inquiry directed into the appellant's incapacity related to covered injuries. Appeal granted in part.
Entitlement to surgery s 67 and Schedule 1 Accident Compensation Act 2001. Appeal against declined funding for surgery. Whether there was a sufficient causal link between covered injury and required surgery. Outcome: appeal allowed.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. Whether District Court erred in law by incorrectly interpreting the legal test under s 65(1) of the Act; whether the Court made an eror of law regarding causation; and whether the Court made an error of law by failing ot delivery adequate reasons for decision. Bona fide question of law that is seriously arguable not established. Outcome: appeal dismissed.
Accident. Appeal against declined work related personal injury claim. Whether the appellant suffered from a pre-existing gradual condition rather than a new and distinct injury suffered at work. Outcome: appeal granted.
Entitlement to surgery s 64 and Schedule 1 – Accident Compensation Act 2001. Appeal challenging decision of ACC declining request to fund surgery on the basis the need for surgery did not arise as a result of covered injuries. Outcome: appeal dismissed.
Treatment injury s 33 - Failure to diagnose Accident Compensation Act 2001. Appeal against decision to decline claim for cover for treatment injury. Treatment injury not established. Outcome: appeal dismissed.
Application for leave to appeal to the High Court on a question of law under s 162 of the Accident Compensation Act 2001. Whether the Corporation was correct in making the decision to suspend entitlements. Outcome: application for leave to appeal to the High Court is dismissed.
Manner of making a Claim s 60 Accident Insurance Act 1998. Appeal against unsuccessful review of decision to backdate independence allowance. Whether evidence and inferences show appellant did enough for the Court to accept that he has a treatment injury claim from 2002. Outcome: appeal allowed. Decision declining backdating of the appellant’s independence allowance quashed.
Application for leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. No question of law arising from application that has not already been determined or which is otherwise capable of bona fide and serious argument. Outcome: leave to appeal declined.
Entitlement to surgery s 64 and Schedule 1 – Accident Compensation Act 2001. Appeal challenging decision of ACC declining request to fund surgery on the basis the need for surgery was not caused by trauma. Outcome: appeal dismissed.
Order to dismiss the appeal under s 161(3)(b) of the Accident Compensation Act 2001. Counsel for ACC made application for appeal be dismissed for want of prosecution. Grounds in support of application under s 161(3)(b) of the Act are made out. Outcome: appeal dismissed for want of prosecution.
Appeal under s 149 of the Accident Compensation Act 2001. Application for reinstatement of appeal. Cover has been granted, no proper basis to reinstate appeal. Outcome: application dismissed.
Cover for treatment injury s 32, s 33 and s 149(1)(a) of the Accident Compensation Act 2001. Applicant seeking review of decision to decline cover for treatment injury. Whether the tremor the Applicant suffered from is an injury. Outcome: appeal allowed.
Application for leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. Parties seek that appeal be allowed with Walker J's decision set aside and matter remitted for hearing by another Judge. Outcome: appeal granted.
Personal injury/causation s 26 Accident Compensation Act 2001. Appeal against decision to suspend entitlements because appellant's remaining symptoms not due to covered injury. Outcome: appeal allowed, suspension of entitlements reversed.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. Bona fide question of law that is seriously arguable not established. Outcome: leave to appeal declined.
Leave to appeal to the High Court under s 162 Accident Compensation Act 2001. Whether Court erred not applying more extensive definition of “personal injury” under s 2 Accident Compensation Act 1982. Bona fide question of law that is seriously arguable not established. Outcome: leave to appeal declined.
Application for leave to appeal to the High Court on a question of law under s 162 of the Accident Compensation Act 2001. Appellant's submissions not capable of bona fide and serious argument. Outcome: appeal dismissed.
Recall of judgment. Apply for rehearing. Appellant's contention is that he needs to be assessed and should have a litigation guardian as he lacks capacity. Outcome: No power to grant a rehearing. Appellant's application to have the judgment in this matter recalled and a rehearing granted is declined.
Costs decision. Costs awarded on a 1B basis, with a 25% reduction as appellant represented by a non-legal advocate and a further 45% reduction as appeal only partially successful. Outcome: appellant awared $1,807.45.