Ministry of Justice

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.

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.

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.

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. 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.

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.

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.

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 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. 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.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Applicant seeks leave to appeal a decision made by the Corporation. Appeal deadline missed by 14 days. Interests of justice require Court to exercise its discretion. Outcome: Leave to file appeal out of time granted.