Ministry of Justice

Claims process – s 135 Accident Compensation Act 2001. Whether Corporation correctly declined to accept Appellant’s 20 review applications which had been filed out of time, explaining that it was unable to accept that the Appellant’s mental injuries affected her ability to file review applications in time. Corporation was entitled to be not satisfied there were extenuating circumstances that affected the Appellant’s ability to meet the time limits for her review applications. Outcome: appeal dismissed.

Claim for mental injury as a treatment injury – ss 26 and 32 Accident Compensation Act 2001. Whether Corporation correctly declined Appellant’s claim on basis that it did not meet the criteria for a treatment injury. Available factual and medical evidence did not establish Appellant suffered a mental injury because of a physical injury causally linked to treatment by a registered health professional. Corporation correctly declined Appellant’s claim. Outcome: appeal dismissed.

Weekly Compensation – s 103(2) Accident Compensation Act 2001. Whether Corporation correctly determined date of commencement of incapacity for purposes of weekly compensation payment. Evidence did not support date of incapacity argued for by Appellant. Correct date had been determined and therefore weekly compensation paid on correct basis. Outcome: appeal dismissed.

Impairment Assessment – Part 3 Schedule 1 Accident Compensation Act 2001. Whether the 20% whole person impairment (WPI) assessment was correct. Appellant failed to establish on a balance of probabilities, the assessment was incorrect. There was no clear, credible, cogent expert evidence to establish a flaw in the assessment or a failure to take relevant considerations into account. The 20% WPI assessment was correct. Appeal dismissed.

Appeal from a review decision regarding the Corporation’s decision declining the appellant’s request for weekly compensation. Claim for weekly compensation – s 105. Whether the appellant’s current symptoms and incapacity are causally linked to the covered head injury thereby entitling her to weekly compensation. Held: the weight of expert medical evidence did not support a material causal connection between the injury and the appellant’s symptoms. Outcome: appeal dismissed.

Impairment assessment – Schedule 3(1); rehabilitation and treatment – Schedule 1(1), Accident Compensation Act 2001. Whether Corporation’s decision declining to proceed with assessing Appellant’s entitlement to permanent injury compensation was correct. Point at issue had been overtaken by a new decision, therefore no longer a live issue to be determined by Court. Whether Reviewer had jurisdiction to consider application for review against alleged unreasonable delay in finalisation of an individual rehabilitation plan (IRP). No jurisdiction to seek review of a draft IRP in terms of unreasonable delay. Whether Corporation’s decision declining to fund weight loss drug was correct. Corporation correctly declined funding on basis there were too many potential medical risks associated with the medication. Reviewer’s decision upheld. Outcome: appeal dismissed.

Personal Injury - ss 25, 26 Accident Compensation Act 2001. Appeal against cover for injuries suffered giving birth. Found injury not caused by an accident but as a result of internal forces generated during birth process. Outcome: appeal dismissed.

Appeal challenging the Corporation's decision to decline cover and suspend entitlements - ss 20, 26, and 117(1) of the Accident Compensation Act 2001. Whether the evidence supported that the appellant suffered a personal injury. Held: The appellant suffered a personal injury (lumbar disc injury with radiculopathy). Consequently, the Corporation's decision to decline cover was incorrect, and the suspension decision falls away. Outcome: The appeal is dismissed. The appellant is entitled to reasonable costs and disbursements.

Interest - s 114 Accident Compensation Act 2001. Appellant appeals against decision regarding entitlement to interest on backdated weekly compensation payments. No live issue remained in respect of interest entitlement. No evidence provided to substantiate costs for phone, printing, internet, or travel costs. No basis on which they can be awarded. Outcome: appeal dismissed.

Personal injury/causation – s 26 Accident Compensation Act 2001. Whether Employer’s decisions revoking cover and suspending entitlements, and subsequent Review Decision declining Appellant’s application for review, were correct. Whether Appellant’s injury was caused by accident or by a pre-existing degenerative condition. On balance of probabilities Appellant’s accident caused the injury. Employer’s decisions revoking cover and declining entitlements for the injury and the subsequent Review Decision were incorrect. Outcome: appeal allowed. Orders made quashing Employer’s decisions and directing Employer to reinstate entitlements from date of suspension, including weekly compensation, the provision of aids and appliances and surgery.

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.

Leave to Appeal to High Court – s 162 Accident Compensation Act 2001. Legal issue raised by Appellant was one of wider importance, and capable of bona fide and serious argument. Outcome: leave to appeal granted.

Appeal challenging the Corporation and Reviewer’s earlier decision. Sections 79 and 81 of the Accident Compensation Act 2001. Whether the Corporation’s decision to decline funding for air conditioning equipment and voice-activated computer software was correct. Held: Corporation’s decision to decline funding request was correct. Medical evidence did not support a causal link between injury and the need for requested equipment. Treatment provided to appellant was reasonable and appropriate, no departure from the standard of care. Appeal is dismissed.