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Claim for costs - Accident Compensation Act 2001. Appeal against review of decision declining entitlement to funding for back surgery. Whether appellant’s condition was traumatic in origin, or the result of a pre-existing degenerative condition. Appellant’s disc prolapse was traumatic in origin. Outcome: appeal allowed. The appellant is entitled to costs.
Impairment assessment - Part 3, Schedule 1 Accident Compensation Act 2001. Appeal from decision that dismissed application for lump sum compensation in respect of appellant's post-traumatic stress disorder. Appellant has not established the impairment assessment on which the Corporation based its decision to decline her application for a lump sum payment of compensation for her impairment, was incorrect. Previous decision of reviewer upheld. Outcome: appeal dismissed.
Leave to Appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Cover issues, causation, gradual process, personal injury – ss 20(2), 25, 26, 30 Accident Compensation Act 2001. Appeal against decision declining a claim for tuberculosis. Insufficient evidence appellant contracted tuberculosis. Outcome: appeal dismissed.
Suspension of Entitlement - s 72 and s 117(3) Accident Compensation Act 2001. Whether respondent correct to decline the Appellant's weekly compensation for refusing to undergo a medical assessment. No reasonable period given before suspension of weekly compensation. Outcome: appeal granted.
Cover Issues, Part 2, Accident Compensation Act 2001. Appeal against decision declining cover. Whether the appellant is entitled to cover for L4/5 disc protrusion and nerve root compression. Incident set in train the process that resulted in appellant's need for surgery. Outcome: appeal allowed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeals out of time. Delay arose out of error of inadvertence out of Appellant's control. Interests of justice established for appeal. Outcome: appeal granted.
Claim for cover for work-related gradual process injury - ss 30 and 60 Accident Compensation Act 2001. Whether the appellant established he suffered a work-related gradual process injury from being sufficiently exposed to chemicals capable of causing bladder cancer in the course of his work. On the balance of probabilities, the appellant’s personal injury was suffered in employment that involved exposure to an aromatic amine. The Police failed to establish grounds to decline the appellants claim. Outcome: appeal allowed. Appellant is entitled to costs.
Leave to appeal to the High Court - s 162, Accident Compensation Act 2001. Whether applicant entitled to cover for treatment injury. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Question of amount of costs award. Outcome: Appellant awarded $920.75 in costs.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of an understandable error regarding miscalculation due to statutory holidays. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant miscalculated filing time limit due to statutory holidays. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant miscalculated filing time limit due to statutory holidays. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to medical reasons. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay did not arise out of a change of mind or indecision. Interests of justice established for appeal. Outcome: appeal granted.
Interpretation of decision, s 6 Accident Compensation Act 2001. Appeal against a review decision where the reviewer dismissed application for lack of jurisdiction. Appeal unable to be re-opened as decision has been decided by court with binding effect, and no decision to appeal. Outcome: appeal dismissed.
Work-related Gradual Process Injury ss 30 (2) – Accident Compensation Act 2001. Appeal of review decision. Whether lumbar spondylosis satisfies the criteria for work related gradual process cover. The appellant meets the criteria for cover for work related gradual process injury. The appellant is entitled to cover for work related gradual process injury being lumbar spondylosis and disc related changes. Review decision quashed. Outcome: appeal allowed.
Costs on Review; Vocational Independence; Eligibility for Backdated Weekly Compensation, s 148, s 107, s 100, Accident Compensation Act 2001. Appeal against decision on when backdated weekly compensation should be paid to. Whether appellant is vocationally independent. Decision that appellant was vocationally independent was only reasonable conclusion ACC could have reached based on all evidence considered. Outcome: appeal dismissed.
Date of mental injury, claim for rehabilitation assistance outside New Zealand, claim for cover for mental injury – ss 20, 25, 36(1), 128, Accident Compensation Act 2001. Appellant filed appeals relating to decisions on date of mental injury, declining applications for rehabilitation assistance and declining additional cover for migraines and headaches as mental injuries. Corporation issued decision declining mental injury claim on basis events did not cause mental injury. Previous decisions upheld. Outcome: appeal dismissed.
Consequential treatment injury – s 20(2)(d) Accident Compensation Act 2001. Whether injury caused by treatment. Evidential threshold not met to establish consequential treatment-related injury. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay due to advocate felt it caused less stress to Appellant. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay arose out of the error of her advocate and the Corporation does not oppose the application. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to filing issues due to brain injury. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable inadvertence rather than change of mind or indecision. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to filing issues as the Appellant was self-represented. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error rather than change of mind or indecision. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to confusion over filing dates due to statutory holidays. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant did not provide any reasons for delay. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay did not arise out understandable error rather than a change of mind or indecision. Interests of justice not established for appeal. Outcome: appeal dismissed.