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Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Delay of nearly six months. Delay arose out of error. No history of non-cooperation or delay. No real prejudice to Corporation and Corporation did not oppose leave being granted. Outcome: application granted.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Application for leave to appeal against decision dismissing the Applicant's claim that they qualified for cover. Whether Applicant qualified for mental injury cover for offending committed by her ex-partner on her daughter. No error of law capable of bona fide and serious argument. Outcome: application dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Delay of over two months. Delay arose out of error or inadvertence. No history of non-cooperation or delay. No real prejudice to Corporation and Corporation did not oppose leave being granted. Outcome: application granted.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Delay of one month. Delay arose out of error or inadvertence. No history of non-cooperation or delay. No real prejudice to Corporation and Corporation did not oppose leave being granted. Outcome: application granted.
Treatment injury - s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for treatment injury. Appellant did not establish that his personal injury was a consequence of his treatment. Appellant had underlying health conditions. Outcome: appeal dismissed.
Claim process; deemed cover - ss 48, 58 Accident Compensation Act 2001. Whether claims made in medical certificates for two further injuries are covered as the Corporation failed to make any decisions on cover within the statutory time frame. Court found no valid claim was made for the two additional injuries. The statements were interpreted as reasons for incapacity, not as claims for cover. No deemed cover could arise under section 58. Outcome: appeal dismissed.
Impairment assessment - Sch 1, cls 54 and 59 Accident Compensation Act 2001. Appeal against decision dismissing review of decision to decline entitlement to permanent injury compensation. Corporation not empowered to pay any lump sum compensation to claimant outside New Zealand unless her condition has been assessed by a person approved for the purpose by the Corporation. No longer a live issue in relation to the Corporation's decision. Outcome: appeal dismissed.
Treatment injury - s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Claim did not meet required criteria. Evidence indicated medical conditions were underlying and not caused by treatment. Outcome: appeal dismissed.
Impairment assessment – sch 1(3), Accident Compensation Act 2001. Whether Corporation correctly decided hearing loss was attributable to covered causes and whether WPI was 22 per cent. No medical assessment disputing assessment of hearing loss. No expert compelling evidence WPI assessment was flawed or incorrect. Corporation correctly decided that hearing loss was attributable to covered causes and WPI assessment was 22 per cent. Outcome: appeal dismissed.
Claim for weekly compensation - s 15, Sch 1 cls 30-32 Accident Compensation Act 2001. Appeal against decision declining weekly compensation. Corporation correctly declined Appellant's application for weekly compensation. Appellant was not in receipt of any shareholder employee earnings on the date of his accident. Outcome: appeal dismissed.
Leave to Appeal to the High Court – s 162 Accident Compensation Act 2001. Whether Reviewer was correct to dismiss application for want of jurisdiction. Applicant had not established judge any error of law capable of bona fide and serious argument. Outcome: appeal dismissed and no issue as to costs.
Review of decision made in error – s 65 Accident Compensation Act 2001. Code of ACC Claimants' Rights jurisdiction – s 149(3) Accident Compensation Act 2001. Whether Court has jurisdiction to determine appeals from a complaint under the Code. Whether Corporation allowed to revise decision. No jurisdiction to hear appeal. Error not established where there is simply credible difference of expert opinion. Outcome: appeal dismissed and no issue as to costs.
Personal injury - s 26(1)(c) Accident Compensation Act 2001. Appeal against decision declining cover for mental injury. Whether mental health issue was caused by physical injury. Physical injury provided circumstances for mental health issue but was not a material cause of it. Outcome: appeal dismissed.
Cover - ss 20, 25, 26, 67, 100-103 Accident Compensation Act 2001. Whether lumbar disc prolapse caused by a fall Appellant experienced. Weight of medical evidence supports disc injury caused by the accident Appellant experienced so Appellant entitled to cover. Appeal allowed.
Revocation of cover for treatment injury - ss 32, 65 Accident Compensation Act 2001. Appeal against decision revoking cover for dental treatment injury. Medical evidence indicated the Corporation correctly revoked cover for the treatment injury. Outcome: appeal dismissed.
Appeal against the Reviewer’s decision. Appeal against the Corporations decisions declining cover for mental injury – s 26, treatment injury – s 32 and claim for unreasonable delay – s 134(1)(b) Accident Compensation Act 2001. Whether the Corporation correctly declined cover for the various conditions and costs. Whether there was unreasonable delay. Whether there was a treatment injury caused by delay in diagnosis of autism/neurogenic bowel. Held: weight of medical evidence supported Corporation’s decision to decline cover for various conditions, these were not caused by the sexual abuse but were pre-existing or developmental. Outcome: Appeals dismissed.
Cover and cost of treatment - ss 20, 25, 26, Sch 1 cl 2(1)(a) Accident Compensation Act 2001. Appeal against decisions declining cover and surgery for a back injury. Weight of evidence did not indicate that the accident caused the injury. Insufficient evidence to indicate whether injury cause was degenerative or traumatic. Outcome: appeal dismissed.
Claim for Treatment Injury - s 32 Accident Compensation Act 2001. Whether Reviewer correctly found there was insufficient evidence to prove Appellant suffered bladder trauma as result of JJ stent removal as treatment injury. Medical evidence was no discrete injury was identified and Appellant stable with no complications following procedure. Reviewer correctly found insufficient evidence to prove bladder trauma was a treatment injury following stent removal. Outcome: appeal dismissed.
Cover - s 65 Accident Compensation Act 2001. Appeal against review of weekly compensation and revocation of cover for foot injury. Insufficient grounds to modify or quash decisions. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Delay of nearly two years is a significant amount of time, but delay arose out of circumstances beyond control. Outcome: application granted.
Cover for work-related personal injury - ss 28, 30 Accident Compensation Act 2001. Appeal of decision upholding Corporation's decision to grant cover for shoulder pain granted to claimant. Claimant's injury was not attributed to an accident during Claimant's employment. Held: Corporation's decision was made in error. Appeal allowed. Appellant entitled to costs.
Claim for Mental Injury - s 21B Accident Compensation Act 2001. Whether the Corporation correctly declined cover for post-traumatic stress disorder on basis cover not available for mental injuries caused by stress or other gradual processes at work. Appellant's injury caused by cumulative effect of series of stressful events and Appellant had not directly seen, heard or experienced single event which could reasonably be expected to mental injury to people generally. Appeal dismissed.
Leave to appeal application – s 149 Accident Compensation Act 2001. Whether entitled to deemed cover. Whether Corporation correctly suspended entitlements. Whether Reviewer correctly awarded only certain of requested costs. Sufficient grounds not established to sustain application. Outcome: application dismissed. No issue as to costs.
Entitlement to loss of potential earnings – the prescribed base rate – cls 42(3), 47, sch 1, Accident Compensation Act 2001. Whether Corporation's calculation of LOPE entitlement accurate. Corporation prescribed base rate has been correctly applied. Appellant being paid at adult minimum wage. Outcome: appeal dismissed.
Costs of appeal – s 149 Accident Compensation Act 2001. Whether Appellant liable for costs. Outcome: Appeal dismissed. Appellant ordered to pay Respondent $2,196.50 in costs.