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Late filing of an appeal to the District Court - Section 151 Accident Compensation Act 2001. Whether leave should be granted to file an appeal outside the statutory 28-day timeframe. Delay of over five months. Delay was due to understandable circumstances, not indecision. No real prejudice to Corporation. The interests of justice supported granting leave. Outcome: application granted.
Interpretation of decision - ss 6 and 134 Accident Compensation Act 2001. Appeal regarding emails in response to the Appellant's request for cover for post-traumatic stress disorder. Whether the Court had jurisdiction to determine whether the emails constituted reviewable decisions. Neither email constituted a reviewable decision. Outcome: appeals dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Whether the District Court erred in law by upholding ACC’s decision to decline cover for degenerative changes, allegedly resulting from accidents in 1987 and 1989. No arguable question of law and no wider legal importance to justify an appeal. Outcome: application for leave to appeal dismissed.
Impairment assessment - Pt 3 Sch 1 Accident Compensation Act 2001. Appeal regarding impairment assessment. Apportionment between different impairments permitted. Apportionment assessment for impairment was appropriate. Outcome: appeal dismissed.
Cover - ss 20, 25, 26, 56, 58, 67 Accident Compensation Act 2001. Appeal against decision to decline cover and weekly compensation for spinal injury. Corporation's decision was correct. Evidence did not support that spinal injury was caused by accident. Outcome: appeal dismissed.
Costs on appeal - Accident Compensation Act 2001. Claim for costs and disbursements assessed. Appropriate award was category 2B costs of $15,041.25 and disbursements of $17,583.34. Outcome: costs awarded.
Cover - ss 20, 26 Accident Compensation Act 2001. Appellant claimed cover for complex regional pain syndrome following an accident. Evidence indicated that injury was not caused by an accident. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Whether Applicant had raised arguable questions of law sufficient to justify leave to appeal the District Court’s decisions. No arguable question of law was established that met the threshold for appeal. Outcome: application for leave dismissed.
Weekly compensation - social rehabilitation - s 81 Accident Compensation Act 2001. Appeal against decisions declining weekly compensation and treatment for a back injury. Evidence supported Appellant suffered a back injury in his accident. Corporation's decisions were not made on reasonable grounds or after a proper investigation. Outcome: appeals allowed.
Personal injury - ss 25, 26, 27 Accident Compensation Act 2001. Appeal against decision declining Appellant's cover and suspending weekly compensation. Corporation incorrectly declined Appellant's cover. Evidence of a pre-existing degenerative condition did not reach the degree required to bar cover. Outcome: appeal allowed.
Reinstatement of appeal - claims for cover and entitlements - Accident Compensation Act 2001. Appellant sought to reinstate an appeal declining cover. Appellant was not an earner at the relevant date. Decision declining cover was correct. Outcome: appeal dismissed.
Issue estoppel, reviewable decision - s 6 Accident Compensation Act 2001. Appeal regarding whether emails were reviewable decision. Another appeal regarding whether issue estoppel applied for cover or entitlements for osteoarthritis. Emails not reviewable decisions. Decision to decline weekly compensation was reviewable but was not. Osteoarthritis had already been determined so issue estoppel applied. Outcome: appeals 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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Personal injury - s 26 Accident Compensation Corporation 2001. Appellant sought cover for a whiplash injury from a digger accident, weekly compensation, and funding for treatment. Medical evidence indicated a causal link between Appellant's symptoms and the accident. Appellant entitled to cover. Outcome: appeal allowed.