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Earnings as a shareholder-employer s 15 Accident Compensation Act 2001. Whether reasonable remuneration for the appellant would be at the full-time minimum rate. Section 15(3) assessment should be interpreted to focus on the reasonable services a person provides and be judged objectively. Outcome: appeal allowed.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. No question of law capable of a bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court on question of law. No question of law identified capable of bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No question of law arose. Outcome: appeal dismissed.
Causation. Appeals regarding decision suspending appellant’s entitlements and decision declining to pay for surgery. Whether appellant’s injuries were causative of his condition requiring surgery. Outcome: appeals allowed.
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 established. Outcome: leave to appeal declined.
Leave to appeal to the High Court on a question of law. No question of law arose requiring determination. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No question of law identified. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No question of law arose. Outcome: appeal dismissed.
Deterioration s109(2); Reassessment of vocational independence ss 107-110 Accident Compensation Act 2001. Whether the Court had jurisdiction to consider deterioration in this appeal. Whether there were reasonable grounds for believing vocational independence may have deteriorated. Whether the Corporation was able to arrange a reassessment. Outcome: appeal allowed on the first and second grounds only.
Treatment injury ss 32 and 33 Accident Compensation Act 2001. Whether the appellant sustained a personal injury due to a delay in receiving proper treatment choices. Outcome: appeal allowed.
Weekly compensation s 103 Accident Compensation Act 2001. Appeal against decision declining backdated weekly compensation on the basis there was insufficient evidence of continous incapacity in specified timeframe. Outcome: appeal dismissed.
Entitlement to surgery s 67 and Schedule 1 Accident Compensation Act 2001. Funding for surgery claim declined. Whether the appellant was entitled to funding for surgery. Whether there was a causal link between earlier covered injuries and the need for surgery. Outcome: Appeal dismissed.
Personal injury - s 3 Accident Rehabilitation and Compensation Insurance Act 1992. Appeal against declined knee injury claim. What was the mechanism of injury. Whether injury was caused by accident under the Act. Whether gravity was a force external to the human body under the Act. Outcome: appeal allowed.
Leave to appeal for a question of law to the High Court under s 162 Accident Compensation Act 2001. Not a question of law capable of bona fide serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. No seriously arguable question of law arose. Outcome: appeal dismissed.
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: appeal dismissed.
Application for leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. Appellant's submissions not capable of bona fide and serious argument. Outcome: appeal dismissed.
Incapacity for Work s 103 Accident Compensation Act 2001. Weekly compensation declined. Whether the appellant's incapacity was due to non-injury related mental health issues rather than the covered post-traumatic stress disorder. Outcome: appeal allowed.
Leave to appeal on a question of law s 162 Accident Compensation Act 2001. No point of law capable of bona fide serious arugment in the High Court. Outcome: application declined.
Entitlements ss 67 and 117, sch 1 Accident Compensation Act 2001. Appeal of two decisions declining cover for a tendon tear and declining to fund surgery. Outcome: appeal allowed.
Leave to appeal to the High Court on question of law. No doubt that the proper construction or interpretation of a statutory provision when applied to the facts is a question of law. Outcome: appeal granted.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001.Question of law capalable of bonda fide and serious argument. Outcome: appeal granted.
Costs decision. Outcome: appellant partially successful. Claims for case management and preparation of bundle for hearing declined, appellant's award reduced to $6,154.00. Counsel entitled to reduced costs of $200.00.
Mental injury s 26 Accident Compensation Act 2001. Appellant declined cover for treatment injury for a mental injury. Mental injury was as a result of the physical injury so can be covered for treatment injury. Outcome: appeal allowed.