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Lump sum compensation - clauses 54-59 of Schedule 1 Accident Compensation Act 2001. Appeal against decision regarding assessment of lump sum compensation for permanent impairment. Whether assessment was flawed. No expert evidence identified assessment was flawed or incorrect. Outcome: appeal dismissed.
Vocational independence - ss 6 and 107 Accident Compensation Act 2001. Shoulder sprain. Whether the appellant had achieved vocational independence. Failed to prove that assessment of vocational independence was wrong. Outcome: decision of reviewer upheld and appeal dismissed.
Treatment injury. Appeal against decision to decline cover for treatment injury. Outcome: appeal dismissed.
Treatment Injury s 20 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether injury was related to an earlier operation, or any other treatment since the appellant had first developed problems in his arm. Outcome: appeal allowed.
Interest on backdated payments s 114 Accident Compensation Act 2021. Whether decision declining appellant interest on a payment of backdated weekly compensation is correct. Outcome: appeal dismissed.
Leave to appeal s 162 Accident Compensation Act 2001. Outcome: appeal dismissed.
Vocational Independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. Outcome: appeal dismissed.
Costs decision. Outcome: appellant awarded costs of $1,500.00 for attendance of counsel at judicial telephone conferences; $1,068.00 for attendance of non-lawyer advocate at judicial telephone conferences
Reimbursement of Social Security Payments s 252 Accident Compensation Act 2001. Whether the Corporation was correct to reimburse WINZ a portion of the appellant's backdated weekly compensation. Outcome: appeal dismissed.
Jurisdiction s 6; Eligibility for lump sum compensation cl 57 sch 1 Accident Compensation Act 2001. Whether the Reviewer was correct to dismiss the appellant's review application for want of jurisdiction; whether the Corporation recieved a certificate from a medical practitioner indicating the appellant is suffering permanent impairment resulting from a personal injury. Both appeals dismissed.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001.Whether the Judge erred in finding ACC compliant with the legislative s 107 of the Act allowing ACC to determine vocational guidance and s 108 how it is to be determined in accordance with the Act and applicable law. Whether the Judge erred in applying settled law. Bona fide question of law that is seriously arguable not established. Outcome: leave to appeal declined.
Appeal under s 149 of the Accident Compensation Act 2001. Review decision regarding paying for treatment where the medical practioner was not registered with the Medical Council of New Zealand. Outcome: appeal dismissed.
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.