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Appeal challenging the Reviewer’s decision. Sections 81-84 of the Accident Compensation Act 2001. What is the correct level of funded home support and community support services for the appellant. Held: Court upheld the Corporation’s decision to provide attendant care based on the assessment by the physiotherapist. Appeal is dismissed.
Impairment Assessment: Part 3 Schedule 1, Accident Compensation Act 2001. Whether Corporation’s decision declining to award lump sum payment on basis Appellant’s level of impairment did not meet statutory minimum of 10% was flawed or incorrect. No basis for setting aside Corporation’s decision, which was clearly correct. Outcome: appeal dismissed.
Claim for personal physical injury - s26(1)(b) Accident Compensation Act 2001. Appeal against decision to revoke deemed cover for acute pericarditis caused by the Pfizer COVID-19 vaccine and declining cover for acute pericarditis as a treatment injury. Weight of medical evidence does not support that the COVID-19 vaccine caused acute pericarditis. Outcome: appeal dismissed.
Work Related Gradual Process Injury – s 30 Accident Compensation Act 2001. Whether glenohumeral joint osteoarthritis was caused by work-related gradual process. On evidence, Appellant’s work tasks did not cause or contribute to cause of glenohumeral osteoarthritis. Necessary elements for work-related gradual process injury not established. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of over six weeks. Delay arose out of understandable error on Appellant’s part as lay litigant. No history of non-cooperation or delay. Corporation did not oppose leave being granted. Interests of justice required exercised of Court’s discretion to sustain application for leave to appeal out of time. Outcome: application granted.
Claim for costs on appeal. Appellant as successful litigant entitled to recover disbursements but not costs. Outcome: Corporation directed to pay Appellant disbursements in sum of $650 upon production of receipt for accommodation.
Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Applicant failed to establish sufficient grounds as matter of law to sustain application for leave to appeal. Appellant failed to establish error of law capable of bona fide and serious argument. Outcome: application dismissed.
Revocation of cover – s 390 Accident Compensation Act 2001. Whether grant of cover in 1998 was made in error. Corporation unable to establish 1998 decision was made in error. Corporation directed to investigate periods of time in which Appellant may be entitled to weekly compensation and to issue a fresh decision. Outcome: appeal allowed.
Leave to Appeal to High Court – s 162 Accident Compensation Act 2001. No questions of law raised capable of bona fide and serious argument to justify further appeal to the High Court. Outcome: application dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of 10 days. Delay arose out of error or inadvertence rather than change of mind. No history of non-cooperation or delay. Corporation did not oppose leave being granted. Appellant established interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Leave to Appeal to High Court – s 162 Accident Compensation Act 2001. No points of law raised capable of bona fide and serious argument to justify further appeal to High Court. Outcome: application dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of one day. Delay arose out of error or inadvertence. No history of non-cooperation, but present appeal was filed late, and formal application for leave to appeal with reasons was filed 18 days late without explanation. Corporation did not object. Appellant established interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Claim for personal injury – ss 20, 25, 26, Accident Compensation Act 2001. Whether Corporation correctly declined cover on basis changes to Appellant's C7 were degenerative and not consequence of acute injury. Weight of evidence was that changes were degenerative. Corporation correctly declined cover. Corporation’s decisions declining entitlements flowing from such cover also correct. Outcome: appeal dismissed.
Cover issues/revocation of deemed cover – s 20 and s 65 of the Accident Compensation Act 2001. Whether Corporation’s decision revoking cover for hip and thigh sprain was correct. Whether Corporation’s decisions declining cover for disc prolapse and nerve damage and declining entitlement to weekly compensation was correct. No basis to infer accident caused injury to Appellant’s right hip leading to osteoarthritis. Corporation correct to cancel deemed cover. Corporation correct to decline entitlement to weekly compensation. Outcome: appeal dismissed.
Claim for work related gradual process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined cover for work-related gradual process injury. Not established Appellant performed employment task with particular property or characteristic that caused or contributed to the cause of his personal injury. Corporation correctly declined cover. Outcome: appeal dismissed.
Costs on application for leave to appeal: s 162 Accident Compensation Act 2001. Corporation claims costs on a Category 2B scale for meritless application. Applicant put on notice that a costs order would be sought if an application for leave to appeal was pursued. Costs award on a Category 2A scale is appropriate. Outcome: application granted.
Claims for costs on appeal. Outcome: Respondent ordered to pay Appellant $7,366.715, $7,016.75 in costs, $300 in disbursements and $50 for witness fee.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant did not provide satisfactory reasons for three-month delay in filing appeal. Corporation confirmed it was unlikely to be prejudiced by delay and did not oppose leave being granted. On balance, Appellant established interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Claim for work-related gradual process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined work-related gradual process injury cover for Appellant’s right wrist tenosynovitis. Appellant satisfied requirements for cover for work-related gradual process injury. Corporation directed to grant Appellant cover as soon as possible and proceed to assess his entitlements accordingly. Outcome: appeal allowed, review decision quashed.
Claims process jurisdiction – s 134(1), Accident Compensation Act 2001. No jurisdiction to review income tax which was correctly calculated and paid by Corporation to IRD. No jurisdiction to consider Corporation’s refusal to make payment outside of the scope of statutory entitlements. Outcome: appeal dismissed.
Claim for treatment injury – s 32, Accident Compensation Act 2001. Whether Corporation correctly declined cover for treatment injury. Not established Appellant suffered physical injury caused by prescription of naproxen for around seven years. Corporation correctly declined cover. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of over three months. Delay arose out of circumstances beyond Appellant’s control. No history of non-cooperation. Delay did not prejudice Corporation. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Rehabilitation – s 81, Accident Compensation Act 2001. Whether Corporation correctly declined Appellant’s request for funding towards an all-terrain vehicle. Corporation failed to take account of relevant considerations. Court not satisfied Corporation’s decision was proper and fair. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Delay of 11 days. Delay largely not of Appellant’s making. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Treatment Wound - s 32 Accident Compensation Act 2001. Claim by estate arising out of the management of a sacral pressure wound in the period immediately prior to deceased's death. No medical evidence that sacral pressure wound was infected. No evidence that the treatment plan adopted was not appropriate in the circumstances. Therefore no basis on which to find that the causes of death were other than those set out on the death certificate. Outcome: appeal dismissed.