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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.
Application for reinstatement of appeals ACR 243/17, ACR 244/17 and ACR 302/17. Outcome: appeals dismissed
Appeal under s 149 of Accident Compensation Act 2001 against Respondent's decision to decline request for back surgery. Whether on the balance of probabilities the need for surgical treatment was as a result of an injury or whether it was because of degenerative changes. Outcome: appeal allowed.
Work-related gradual process injury s 30 Accident Compensation Act 2001. Appeal against decision dismissing an application for review of decision declining claim for work-related gradual process injury. Outcome: appeal allowed.
Ruling pursuant to r 9(5) of the District Court (Access to Court Documents) Rules 2017. Outcome: access to documents not to be provided.
Treatment Injury s 32 Accident Compensation Act 2001. Whether the appellant suffered a treatment injury, and whether that injury was an ordinary consequence of treatment. Outcome: appeal dismissed.
Vocational independence s 107 Accident Compensation Act 2001. Appeal from decision where a Reviewer dismissed an application for review of the Corporations suspension of Appellant’s weekly compensation entitlement. Corporation’s decision that Appellant had vocational independence and an ability to work 30 hours or more a week in five identified work types was incorrect. Outcome: appeal allowed.
Appeal under s 149 of the Accident Compensation Act 2001. s 26(1) Mental Injury Caused by Covered Physical Injury. Whether the decision of the Corporation declining the appellant's mental injury claim is correct. Appellant has established that the head injury was a cause of mental injury in a genuine and meaningful way. Test in W v ACC set out. Proof of causation. Outcome: appeal allowed.
Suspension of entitlement for non-compliance ss 72(1) and 117(3) Accident Compensation Act 2001. Appeal against decision to dismiss an application for review of the Corporation's decision to suspend weekly compensation for non-compliance. Outcome: appeal dismissed.
Entitlement to surgery Section 64 and Schedule 1 Accident Compensation Act 2001. Appeal to claim payment for back injury requiring surgery. Outcome: Appeal allowed.
Cover and Entitlements s 67 Accident Compensation Act 2001. Appeal agaisnt decision declining cover for injury. Whether applicant's condition was caused by covered injury. Outcome: appeal allowed.
Entitlement to surgery s 64 Accident Compensation Act 2001. Whether the condition requiring surgery was caused by the appellant's covered injury. Outcome: appeal dismissed.
Vocational independence s 107 Accident Compensation Act 2001. Suspension of weekly compensation entitlement. Outcome: decision of reviewer upheld; appeal dismissed.
Late application for review – s 135 Accident Compensation Act 2001. Corporation declined late application for review. Outcome: appeal dismissed.
Suspension of Weekly Compensation s 117(1) Accident Compensation Act 2001. Whether there was sufficient basis to decide Appellant no longer entitled to weekly compensation. Outcome: appeal dismissed.
Treatment Injury ss 32(1) and 33 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Outcome: appeal dismissed.
Suspension of Entitlements s 117 Accident Compensation Act 2001. Appeal against decision to suspend Appellant's entitlements for covered back injury. Outcome: appeal allowed.
Accident s 25, Personal Injury s 26 and Vocational Independence s 6 Accident Compensation Act 2001. Appeal against decision declining cover, decision advising that appellant had achieved vocational independence in two work types and decision declining cover of an injury as a consequence of treatment for a covered injury. Outcome: appeal against decision to decline cover of an injury as a consequence of treatment for a covered injury allowed, other appeals dismissed.
Vocational Independence s 8, s 80, ss 107-110 Accident Compensation Act 2001. Whether ACC correctly decided Appellant was vocationally independent in three work types. Outcome: appeal dismissed. Reviewer's decision that modified Appellant's vocational independence to two work types upheld.
Application for leave to appeal to the High Court pursuant to s 162 of the Accident Compensation Act 2001. Judge was entitled to prefer evidence of the panel having properly identified the issue for determination and correctly analysed the key arguments made on behalf of Applicant. No question of law has been identified which should be referred to the High Court. Outcome: application for leave dismissed.
Levies s 170 Accident Compensation Act. Appeal of deicsion setting aside Corporation's decision classifying respondent's business activity for levy purposes. What industry or risk class most accurately describes respondent's business activities. Outcome: appeal dismissed.
Levies s 170 Accident Compensation Act 2001. Appeal of decision setting aside Corporation's deicsion classifying respondent's business activity for levy purposes. What industry or risk class most accurately describes respondent's business activity. Whether respondent is engaged in two or more business activities. Outcome: appeal dismissed.
Appeal under s 151 of the Accident Compensation Act 2001. Applicant declined elective surgery and declined payment of weekly compensation. Outcome: appeal allowed.
Work-related personal injury, gradual process personal injury and natural justice – ss 20(2)(g), 28, 140 and 142 Accident Compensation Act 2001. Appeal against decision granting cover for a gradual-process condition secondary to an earlier injury covered by the Corporation. Corporation was not notified of review hearing. Outcome: appeal allowed, decision quashed and remitted back for review to be conducted afresh.