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Cover - Accident Compensation Act 2001. Whether decisions to decline cover for hip injury and suspend entitlements was correct. Evidence suggested injury due to degenerative changes rather than resulting from accident. Respondent correct to suspend appellant's entitlements. Outcome: appeal dismissed.
Entitlement to Weekly Compensation – s 103 Accident Compensation Act 2001. Whether chronic pain connected to covered injury from 1990. Whether injury-related symptoms incapacitating. Evidence insufficient to show appellant suffered continuous incapacity for pre-injury employment to present day. Outcome: appeal dismissed.
Personal injury, s 26 Accident Compensation Act 2001. Appeal to consider entitlements of the appellant. Outcome: appeal allowed. Suspension of weekly entitlements is wrong and is reversed.
Binding effect of review decision - s 147(1)(a) Accident Compensation Act 2001. Appellant made claim for ACC funded assistance to operate home boiler system. Whether Appellant met functional capacity evaluation and qualified engineer assessment requirements. Outcome: appeal dismissed.
Revocation of cover - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover for back pain. Pain not considered to be a injury which should be granted cover. Outcome: appeal dismissed.
Social Rehabilitation, Attendant Care, Laundry Services - Schedule 1, cl 14 and cl 17 Accident Compensation Act 2001. Appeal against decision to approve attendant care for Appellant's father at level one for personal needs, home help, sleepover care. Appeal against decision declining ongoing funding for external laundry services. Appellant's father had suffered a serious traumatic brain injury and visual impairment after tractor tyre exploded. Court unable to find fault in way assessments carried out. Previous decisions correct. Outcome: appeal dismissed.
Weekly compensation - ss 100, 103, cl. 32(1)(a) and (b) Accident Compensation Act 2001. Whether Appellant was unable to engage in employment when personal injury suffered. Whether Appellant was an earner immediately before incapacity commenced. Appellant was able to engage in employment. Appellant was not an earner immediately before claimed periods. Outcome: appeal dismissed.
Personal injury/physical injury - s 26 Accident Compensation Act 2001. Appeal against decision declining cover and entitlement for surgery funding for sacroiliac joint dysfunction. No evidence to establish causation between accidents and medical condition requiring surgery. Earlier decisions correct to conclude Appellant had no cover for and entitlement to surgery funding. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain her application to file her appeal out of time. Interests of justice established for appeal. Delay arose in filing from surgeries undertaken by the appellant. Outcome: appeal granted.
Weekly compensation s 103, cl 32 Accident Compensation Act 2001 - retrospective capacity to work and later incapacity. Appeal against review decision declining weekly compensation. Appellant suffered incapacity due to knee injury. Appellant eligible for weekly compensation. Review decision quashed. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain her application to file her appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than from a change of mind or from indecision. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain his application to file his appeal out of time. Interests of justice established for appeal. Delay arose in filing from error of counsel. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain his application to file his appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than from a change of mind or from indecision. Outcome: appeal granted.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether respondent correct to decline entitlement to weekly compensation on the basis that applicant had unreasonably failed or refused to undergo an initial medical assessment. Insufficient grounds to sustain application for leave to appeal. Outcome: appeal dismissed.
Mental injury/ordinarily resident in New Zealand - ss 21, 21A Accident Compensation Act 2001. Appeal against decision declining cover for mental injuries suffered as a result of sexual abuse committed overseas. No cover for mental injury. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Interests of justice not established for appeal. Appellant did not provide reasons for delay. Outcome: appeal declined.
Claim for costs on appeal. Outcome: Respondent order to pay Appellant $1,358.25 ($1,238.25 costs and $120 disbursements). Appeal allowed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than indecision. Outcome: appeal granted.
Classification of industries or risks - s 170 Accident Compensation Act 2001. Appeal against ACC's decision which determined that the Appellant's business activities did not satisfy the criteria to hold multiple classification units. Whether Appellant satisfies requirement set out in s 170(3), which enables ACC to exercise its discretion to classify Appellant into separate classification units for different activites. Outcome: Appeal dismissed.
Leave to Appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain their application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for costs on appeal. Appellant's lay advocate sought $9,845 in costs. Calculation based on one Category 2 rate. Outcome: calculation made on Category 1 rate. Respondent order to pay Appellant's lay advocate $1,651. Appeal allowed in part.
Calculation of weekly compensation s 103; Clause 34 Accident Compensation Act 2001. Appellant took issue with calculation of weekly compensation relating to indecent assault at place of work. Held that Appellant unable to establish ACC had failed to follow the provisions of the Act for assessment of weekly compensation. Outcome: appeal dismissed.
Causation, Treatment Injury - s 32 Accident Compensation Act 2001. Appeal against decision declining cover for treatment injury. Whether treatment failure caused Appellant's death. No causation link between death from aspiration pneumonia and care received. Outcome: appeal dismissed.
Entitlements. Whether ongoing pain caused by physical injuries and if so whether physical injuries were caused by fall. Respondent to review entitlements due to Appellant. Outcome: appeal allowed.