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Personal injury - s 26 Accident Compensation Act 2001. Appeal against decision to decline cover for acute meniscal tear and declined funding for knee surgery. The evidence establishes on the balance of probabilities that condition is degenerative in nature and that the mechanism of injury is not consistent with the injury to the left knee said to have occurred as a result of the accident. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Issu deals with the determination of whole person impairment and subsequently whether entitled to a lump sum payment. Proposed appeal is significant to the estate of the Appellant and delay was three months. Interests of justice require the exercise of the Court’s discretion to allow the application for leave to file the appeal out of time. Outcome: appeal allowed.
Appeal against a reviewer’s decision. s 58 and 67 of the Accident Compensation Act. Whether the Corporation correctly determined the appellant’s weekly compensation for a kidney stone injury should be paid from the date from when cover was deemed rather than the date of his incapacity. Held: appellant not entitled to backdated weekly compensation prior to the period of deemed cover because he did not hold cover for the kidney stone that incapacitated him for work. Reviewer’s decision upheld. Appeal is dismissed.
Appeal against a reviewer’s decision. s 114 of the Accident Compensation Act. Whether the earlier decision declining the appellant from receiving interest on weekly compensation arrears payment was correct. Held: reviewer correctly declined jurisdiction over appellant’s application for review, because issue estoppel applied in regard to the interest payments claimed. Decision of reviewer is upheld. Appeal is dismissed.
Appeal against a reviewer’s decision. ss 107-112 of Accident Compensation Act 2001. Whether the appellant had achieved vocational independence and was therefore not entitled to further weekly compensation. Held: the Corporation’s decision that the appellant had achieved vocational independence was not supported by sufficiently strong evidence. Appeal is allowed.
Claim for treatment injury – ss 32-33 Accident Compensation Act 2001. Acute injury to right wrist while working as a caregiver. Persistent lump later found on hand. Initially diagnosed as a cyst but later discovered to be an atypical fibro histiocytoma. Applicant underwent surgery. Applicant argued that series of events comprises a treatment injury. Held: initial cyst diagnosis reasonable. Standard medical practice was followed. Outcome: appeal dismissed.
Claim for work-related gradual-process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined Appellant’s cover for accidental poisoning as a work-related gradual process injury. Appellant did not qualify for cover for neurotoxic injury in terms of ss 30(3) and 60 of the Act. Corporation correctly declined cover. Outcome: appeal dismissed.
Interpretation of decision – s 6, Accident Compensation Act 2001. Whether Corporation’s letter confirming earlier cover decision and clarifying condition was covered as a physical injury and not a mental injury constituted a reviewable decision. Letter was not a reviewable decision. Outcome: appeal dismissed.
Appeal of an earlier decision by Accident Compensation Corporation. Appeal under s 149 of the Accident Compensation Act 2001. ss 26, 32, and 33 of the Accident Compensation Act 2001. Whether the appellant is entitled to cover for a treatment injury for leg length discrepancy? Held: the leg length discrepancy was not an ordinary consequences of the right hip joint replacement injury, therefore the appellant is entitled to cover for treatment injury under the Act. Appeal is allowed.
Claim for cover for occupational noise-induced hearing loss (ONIHL) - ss 26, 20(2)(e) Accident Compensation Act 2001. Appellant's ONIHL was assessed at 4-5%, below the 6% threshold required for cover to be accepted. Appellant challenged this calculation. Held: material flaws in the assessments of both assessors. Did not undertake a clinical examination and take a careful history to underly the analysis. Outcome: appeal allowed.
Claim for cover. ss 20,25,26 Accident Compensation act 2001. Whether the appellant’s left inguinal hernia is an injury caused by an accident. Held: appellant will have cover for his left inguinal hernia as an injury caused by the accident. Appeal is allowed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant's application to review weekly compensation entitlement was dismissed. Late filing resulted from error or inadvertence by counsel. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Impaired assessment, lump sum compensation - Schedule 1, Part 3, Clause 57 Accident Compensation Act 2001. Appellant declined lump sum compensation for coccyx sprain. Subsequent application for review of this decision declined. Held: Appellant now undergoing desired impairment assessment so there is no live issue before the Court. Corporation acted entirely properly and lawfully. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant declined cover for lumbar disc prolapse. Late filing resulted from error or inadvertence of Appellant’s counsel. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Appeal against the decision of a reviewer declining cover for a work related injury. s 149 Accident Compensation Act 2001. Whether or not the reviewer’s decision should be upheld. Held: parties agree the first respondent’s claim does not meet the criteria for cover for a work related gradual process injury. Earlier review decision is set aside.
Suspension of weekly compensation - s 117 Accident Compensation Act 2001. Appeal against decision to suspend weekly compensation for lumbar injury. Whether causal link between injury by accident and ongoing pars defect condition. No evidence to support the view that the injury event caused a fracture or injury to a pre-existing pars defect. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Appellant seeking leave to appeal decisions relating to backdated compensation and rate of weekly compensation for injuries from motor accident and injuries to his thumbs. Whether calculations were made correctly. Held: Appellant has not established that there was an error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for interest on backdated weekly compensation - s 114(1) Accident Compensation Act 2001. Appellant challenges decisions relating to backdated weekly compensation. Court found that it does not have jurisdiction to reconsider the calculation. Previous incorrect calculation has been corrected. No provision in the Act for interest to be paid on backdated weekly compensation from the date of injury. No unreasonable delay by the Corporation. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant declined cover for supraspinatus tear. Late filing resulted from error or inadvertence by counsel. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Appeal against impairment assessment. s 149 of the Accident Compensation Act 2001. Whether appellant has established the Corporation’s earlier decision assessing his whole person impairment was incorrect? Whether the Corporation’s email relating to choice of whole person impairment assessor is a decision capable of review and appeal? Held: No evidence as to flaws or errors in the process or content of the whole person impairment assessment conducted on appellant. The email was in relation to an administrative question and does not constitute a decision under the Act. Decision of reviewer is upheld. Appeal is dismissed.
Impairment assessment - Part 3 Schedule 1 Accident Compensation Act 2001. Appeal against whole-person impairment assessment rating. Appellant did not provide any medical evidence from suitably qualified experts or otherwise to dispute the assessment. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appellant declined cover and weekly compensation. Late filing resulted from understandable error or inadvertence. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.
Transport for independence - s 79, 81-84, Clauses 21 and 22 First Schedule Accident Compensation Act 2001. Appeal against declined funding for 4-wheel drive vehicle to participate in certain recreational activities. Held: no evidence to show that a replacement vehicle is necessary to maintain independence. Existing 2WD vehicle allows him to undertake the essential injury-related transport needs. Outcome: appeal dismissed.
Impairment Assessment: independence allowance – Injury Prevention, Rehabilitation and Compensation (Lump Sum and Independence Allowance) Regulations 2002. Whether Corporation correctly assessed Appellant’s whole person impairment as 20%. Appellant failed to establish impairment assessment was flawed or incorrect. Corporation correctly assessed Appellant’s whole person impairment and resultant independence allowance. Outcome: appeal dismissed.
Claim for personal injury - s 20, 25, 26 Accident Compensation Act 2001. Appeal against decline of application for weekly compensation, treatment and rehabilitation for lumbar disc prolapse. Suffered accident at work when lifting heavy item and felt pain in back. Held: cover incorrectly declined on basis that it was likely a pre-existing degenerative condition. Found sufficient lay and medical evidence to draw inference that prolapse was caused by the accident. Outcome: appeal allowed.