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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. Interests of justice established to sustain appeal. Outcome: appeal granted.
Leave to appeal. Application for leave to appeal against a District Court decision declining cover. No arguable error of law. Outcome: application declined.
Personal injury and cover issues, s 26 and Part 3 Accident Compensation Act 2001. Whether the Respondent's decision to decline cover was correct. Appellant's back pain was injury-related rather than age-related. Outcome: appeal allowed.
Leave to appeal to the High Court s 162 Accident Compensation Act 2001. Questions of law posed not capable of bona fide and serious argument. Outcome: application declined.
s 26 Personal Injury and s 67 Entitlements, Accident Compensation Act 2001. Whether decision declining cover and surgery funding was correct. Established that injury was caused by an accident not underlying condition. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. No interests of justice established that required exercise of the Court's discretion to sustain an application for leave to appeal out of time. Outcome: appeal dismissed.
Suspension of Entitlements s 117; Entitlement to Surgery s 67 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining cover and surgery for injury. Appellant established that accident caused injury not underlying condition. Decision declining cover and surgery reversed. Outcome: appeal allowed.
Leave to appeal. Appellant declined cover. Whether sufficient grounds established to sustain his application for leave to appeal. Question of law as to whether the District Court made an error of law by failing to give adequate reasons for its decision. Outcome: appeal allowed.
Costs – s 149 Accident Compensation Act 2001.The Appellant wished not to pursue the appeal.Outcome: appeal dismissed.
Claim for entitlements – ss 69(1) and 72(1) contracting out – s 299 Accident Compensation Act 2001. Appeal from decision declining jurisdiction in relation to two review applications lodged by the appellant. The Court does not have jurisdiction to decide on this application for review. Outcome: appeal dismissed.
Leave to appeal. Appeal against finding that root resorption was an ordinary or necessary consequence of the Appellant's treatment. Appellant did not establish sufficient grounds, as a matter of law, to sustain his application for leave to appeal. Outcome: appeal dismissed.
Claim for back-dating of multiple classification levy units for previous years – ss 170 and 237 Accident Compensation Act 2001. Appellant not entitled to have multiple classification units backdated for previous years. Outcome: appeal dismissed.
Suspension of entitlements s 117 Accident Compensation Act 2001. Appeal against decision suspending entitlements. The appellant has failed to show on the balance of probabilities that that decision was wrong. Outcome: appeal dismissed.
Section 6 – full time employment; Clause 42 of Schedule 1 Accident Compensation Act 2001. Whether the respondent was correct in finding the appellant was not in permanent employment before her incapacity commenced. The appellant was in permanent employment. Outcome: appeal allowed.
Claim for cover, weekly compensation and suspension of entitlements - ss 25-26, 117(1) Accident Compensation Act 2001. Appeal against declined cover. Whether incapacity was causally related to accident. Evidence indicated incapacity caused by pre-existing degenerative changes. Outcome: appeal dismissed.
Personal injury s 26 Accident Compensation Act 2001. Appeal against decision declining cover for an injury said to have been caused by an accident at work. Outcome: appeal allowed.
Leave to appeal to the High Court. Appellant did not establish sufficient grounds to sustain application for leave to appeal. Outcome: appeal dismissed.
Personal injury – ss 25-26 Accident Compensation Act 2001. Whether the appellant’s rotator cuff tear was a personal injury caused by accident covered by the Corporation. The evidence between the appellant’s accident and his rotator cuff tear is inconclusive and incomplete.Outcome: appeal granted.
Suspension of entitlements - s 117(1) Accident Compensation Act 2001. Whether the decision to suspend the appellant's entitlements was correct. The Corporation did not have sufficient information to be not satisfied that the appellant was entitled to continue to receive her entitlements and to suspend them. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Dismissal of entitlements. Whether the interests of justice required the exercise of discretion to sustain her application for leave to file an appeal out of time. Interests of justice established for appeal. Outcome: appeal granted.
Treatment Injury ss 20, 26, 32 Accident Compensation Act 2001. Appeal against decision to decline cover for treatment and consequential or mental injury. Treatment did not cause a physical injury and therefore personal injury under the Act or consequential or mental injuries. Outcome: appeal dismissed.
Social rehabilitation s 82 Accident Compensation Act 2001. Appeal against decision declining request for disability assist dog training for a disability assist dog needed because of a covered injury. Respondent correctly exercised discretion in declining request. Outcome: appeal dismissed.
Employment, s 6 Accident Compensation Act 2001. Whether the appellant was an earner when he suffered his personal injury. The appellant failed to establish on the balance of probabilities that for the purpose of s 6 of the Act, he was an earner engaged in employment. Outcome: appeal dismissed.
Causation/Personal injury s 20 Accident Compensation Act 2001. Appeal against decision to revoke deemed cover for mutiple injuries. Three accidents caused injury covered by legislation while one was not. Outcome: appeal allowed in part.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay caused by understandable error or inadvertence. Outcome: appeal granted.