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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.
Incapacity for Work s 103(1)(a) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant was considered to be an earner at the date of the accident. Outcome: appeal allowed.
Causation s 26 Accident Compensation Act 2001. Appellant declined funding for lumbar surgery. Outcome: appeal allowed.
Whole Person Impairment pt 4 sch 1 Accident Insurance Act 1998. No longer entitled to receive independence allowance because level of whole person impairment less than 10% threshold. Outcome: appeal dismissed.
Incapacity for Work s 103(2) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant incapacitated for his pre-injury employment between those dates.Outcome: appeal allowed.
Costs decision. Outcome: appellant awarded $3,447.
Vocational Independence s 109 and s 113 Accident Compensation Act 2001. Determination of date on which appellant no longer had vocational independence. Outcome: appeal dismissed.
Leave to file cross appeal out of time s 149 of Accident Compensation Act 2001. Vocational independence. Outcome: leave granted.
Costs decision. Whether appellant should be ordered to pay costs where their conduct increased cost of appeal and appeal was without merit. Outcome: respondent awarded costs of $700.00.
Treatment injury s 32 Accident Compansation Act 2001. Whether the appellant suffered a personal injury metting the criterea under the Act. Whether the treatment caused the personal injury. Outcome: appeal dismissed.
Work-Related Gradual Process Injury ss 20(2)(e) and 26(1)(b) Accident Compensation Act 2001. Whether appellant suffered personal injury that was a work-related gradual process. Consideration of medical literature around myofascial pain. Outcome: appeal allowed.
Suspension of entitlement - Accident Compensation Act 2001. Appeal against decision suspending entitlements on the basis that condition was due to degenerative changes. Outcome: appeal dismissed.
Cover - Part 3 - Accident Compensation Act 2001. Appeal concerning challenge to a decision declining cover for an injury on the basis the appellant's condition was pre-existing and not a personal injury caused by accident. Outcome: appeal dismissed.