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Appeal under s 149 of the Accident Compensation Act 2001. s 26(1) Mental Injury Caused by Covered Physical Injury. Whether the decision of the Corporation declining the appellant's mental injury claim is correct. Appellant has established that the head injury was a cause of mental injury in a genuine and meaningful way. Test in W v ACC set out. Proof of causation. Outcome: appeal allowed.
Suspension of entitlement for non-compliance ss 72(1) and 117(3) Accident Compensation Act 2001. Appeal against decision to dismiss an application for review of the Corporation's decision to suspend weekly compensation for non-compliance. Outcome: appeal dismissed.
Entitlement to surgery Section 64 and Schedule 1 Accident Compensation Act 2001. Appeal to claim payment for back injury requiring surgery. Outcome: Appeal allowed.
Cover and Entitlements s 67 Accident Compensation Act 2001. Appeal agaisnt decision declining cover for injury. Whether applicant's condition was caused by covered injury. Outcome: appeal allowed.
Entitlement to surgery s 64 Accident Compensation Act 2001. Whether the condition requiring surgery was caused by the appellant's covered injury. Outcome: appeal dismissed.
Vocational independence s 107 Accident Compensation Act 2001. Suspension of weekly compensation entitlement. Outcome: decision of reviewer upheld; appeal dismissed.
Late application for review – s 135 Accident Compensation Act 2001. Corporation declined late application for review. Outcome: appeal dismissed.
Suspension of Weekly Compensation s 117(1) Accident Compensation Act 2001. Whether there was sufficient basis to decide Appellant no longer entitled to weekly compensation. Outcome: appeal dismissed.
Treatment Injury ss 32(1) and 33 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Outcome: appeal dismissed.
Suspension of Entitlements s 117 Accident Compensation Act 2001. Appeal against decision to suspend Appellant's entitlements for covered back injury. Outcome: appeal allowed.
Accident s 25, Personal Injury s 26 and Vocational Independence s 6 Accident Compensation Act 2001. Appeal against decision declining cover, decision advising that appellant had achieved vocational independence in two work types and decision declining cover of an injury as a consequence of treatment for a covered injury. Outcome: appeal against decision to decline cover of an injury as a consequence of treatment for a covered injury allowed, other appeals dismissed.
Vocational Independence s 8, s 80, ss 107-110 Accident Compensation Act 2001. Whether ACC correctly decided Appellant was vocationally independent in three work types. Outcome: appeal dismissed. Reviewer's decision that modified Appellant's vocational independence to two work types upheld.
Application for leave to appeal to the High Court pursuant to s 162 of the Accident Compensation Act 2001. Judge was entitled to prefer evidence of the panel having properly identified the issue for determination and correctly analysed the key arguments made on behalf of Applicant. No question of law has been identified which should be referred to the High Court. Outcome: application for leave dismissed.
Levies s 170 Accident Compensation Act. Appeal of deicsion setting aside Corporation's decision classifying respondent's business activity for levy purposes. What industry or risk class most accurately describes respondent's business activities. Outcome: appeal dismissed.
Levies s 170 Accident Compensation Act 2001. Appeal of decision setting aside Corporation's deicsion classifying respondent's business activity for levy purposes. What industry or risk class most accurately describes respondent's business activity. Whether respondent is engaged in two or more business activities. Outcome: appeal dismissed.
Appeal under s 151 of the Accident Compensation Act 2001. Applicant declined elective surgery and declined payment of weekly compensation. Outcome: appeal allowed.
Work-related personal injury, gradual process personal injury and natural justice – ss 20(2)(g), 28, 140 and 142 Accident Compensation Act 2001. Appeal against decision granting cover for a gradual-process condition secondary to an earlier injury covered by the Corporation. Corporation was not notified of review hearing. Outcome: appeal allowed, decision quashed and remitted back for review to be conducted afresh.
Weekly compensation s 103(2) Accident Compensation Act 2001. Appeal against decision declining weekly compensation on basis there was insufficient evidence of link between incapacity and injury suffered in an accident. Outcome: appeal allowed.
Claim for cover s 26 Accident Compensation Act 2001. Appeal of decision declining cover. Whether injury caused by accident. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. Parties agreed that leave should be granted. Outcome: leave to appeal granted.
s 25 - Accident: s 26 - Personal Injury; Causation; Accident Compensation Act 2001. Respondent declined cover for lumbosacral discitis on grounds that there was no causal link between discitis and a covered accident. Outcome: appeal allowed.
Treatment Injury ss 26(1)(c) 32 and 33 Accident Compensation Act 2001. Overwhelming weight of evidence that there was no treatment injury. Outcome: appeal dismissed.
Causation; Deemed Decision s 48 Accident Compensation Act 2001. Appellant declined cover for disc herniation. Outcome: appeal dismissed.
Issue Estoppel; Causation s 26 Accident Compensation Act 2001. Appellant declined cover for regional pain syndrome. Outcome: appeal allowed.
Measurement of Hearing Loss - Personal Injury s 26(1A) Accident Compensation Act 2001. Appellant declined cover for work-related hearing loss on basis that loss was less than 6% threshold. Outcome: appeal allowed, cover granted.