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Treatment Injury, s 32, Causation, Accident Compensation Act 2001. Whether appellant suffered physical injury by orthodontic treatment. Evidence means that can find there to be a physical injury for purpose of s 26. Outcome: appeal allowed, decision declining cover for dental treatment injury reversed.
Cover issues, suspension of entitlements - s 117 and Part 3 Accident Compensation Act 2001. Appellant appeals against decision to decline cover for tear. Appellant appeals against suspension of entitlements. Tear not considered to be included under covered injury. Suspension decision was correct in light of the evidence. Outcome: appeal dismissed.
Recovery of overpayment, s 251 Accident Compensation Act 2001. Appeal concerning whether ACC entitled to recover the accepted overpayment of weekly compensation. Inparticular, whether the overpayment: (i) received is as result of an error; (ii) was not intentionally contributed to by the appellant; (iii) was received by the appellant in good faith; and (iv) did the appellant alter his position in reliance on the validity of the payment that it would be inequitable to require repayment. Outcome: appeal allowed.
Work Related Gradual Process Injury - s 30 Accident Compensation Act 2001. Whether work task caused or contributed to the cause of the appellant's personal injury. Whether appellant's work tasks led to significantly greater risk of personal injury. Outcome: appeal allowed. Sufficient evidence appellant meets elements of s 30 to establish personal injury is caused by work related gradual process.
Appeal under s 149 of the Accident Compensation Act 2001. Respondent reconsidering the question of cover on basis of new information so present appeal is moot and parties agree it may be dismissed with consent. Outcome: appeal dismissed.
Unreasonable delay/funding/costs s 67 Accident Compensation Act 2001, Clause 4 Schedule 1 Accident Compensation Act 2001. Appeal from review decision relating to alleged unreasonable delays by ACC in issuing entitlement decisions. Appeal from review relating to claim for reimbursment of a range of costs. Appeal from concussion treatment decision in which ACC advised the appellant it was unable to help with the costs of attending a concussion clinic. Outcome: appeals dismissed.