Ministry of Justice

Claim for work related gradual process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined cover for work-related gradual process injury. Not established Appellant performed employment task with particular property or characteristic that caused or contributed to the cause of his personal injury. Corporation correctly declined cover. Outcome: appeal dismissed.

Claims for costs on appeal. Outcome: Respondent ordered to pay Appellant $7,366.715, $7,016.75 in costs, $300 in disbursements and $50 for witness fee. 

Claim for work-related gradual process injury – s 30, Accident Compensation Act 2001. Whether Corporation correctly declined work-related gradual process injury cover for Appellant’s right wrist tenosynovitis. Appellant satisfied requirements for cover for work-related gradual process injury. Corporation directed to grant Appellant cover as soon as possible and proceed to assess his entitlements accordingly. Outcome: appeal allowed, review decision quashed.

Claim for treatment injury – s 32, Accident Compensation Act 2001. Whether Corporation correctly declined cover for treatment injury. Not established Appellant suffered physical injury caused by prescription of naproxen for around seven years. Corporation correctly declined cover. Outcome: appeal dismissed.

Rehabilitation – s 81, Accident Compensation Act 2001. Whether Corporation correctly declined Appellant’s request for funding towards an all-terrain vehicle. Corporation failed to take account of relevant considerations. Court not satisfied Corporation’s decision was proper and fair. Outcome: appeal granted.

Treatment Wound - s 32 Accident Compensation Act 2001. Claim by estate arising out of the management of a sacral pressure wound in the period immediately prior to deceased's death. No medical evidence that sacral pressure wound was infected. No evidence that the treatment plan adopted was not appropriate in the circumstances. Therefore no basis on which to find that the causes of death were other than those set out on the death certificate. Outcome: appeal dismissed.

Claim for work-related gradual process injury – s 30 Accident Compensation Act 2001. Scapholunate advanced collapse (SLAC) injury to wrist. Appeals against decision to decline cover for a work-related-gradual process injury and decline weekly compensation. Court satisfied on the basis of medical evidence that Appellant performed an employment task that had a particular property or characteristic that caused, or contributed to the cause of, his personal injury. Outcome: both appeals allowed.

Lack of Jurisdiction – s 54, 64 and 134(1)(b) Accident Compensation Act 2001. Appeal against review decisions dismissing Appellant’s applications regarding unreasonable delay and lack of decision by the Corporation. Reviewer correct to conclude no jurisdiction to proceed with reviews as decisions had been issued before hearings. Corporation’s communications lacked clarity and caused uncertainty, therefore Appellant acted reasonably in applying for review. Outcome: first Decision as to costs quashed and costs awarded in Appellant’s favour. Appeal from Second Decision dismissed.

Backdating of attendant care payments - ss 81, 83, 374 and 376 Accident Compensation Act 2001. Appeal from a review decision upholding the Corporation’s decision declining to backdate attendant care payments for the first appellant.  Whether the Corporation has the statutory ability to make a retrospective payment of compensation for attendant care for the first appellant for the period prior to 1 April 2002. Held: Where cover has been provided under the 2001 Act, there is no retrospective entitlement to compensation for attendant care provided prior to 1 April 2002. Outcome: Appeal dismissed.

Impairment assessment – clause 54, Schedule 1, Accident Compensation Act 2001. Whether Corporation entitled to rely on whole person impairment assessment of Appellant by medical assessor. Appellant failed to establish that assessment was in some way flawed or incorrect. No breach of natural justice by Reviewer. Corporation was entitled to rely on whole person impairment assessment, and review process was conducted fairly and appropriately. Outcome: appeal dismissed.

Impairment assessment - clause 54, Schedule 1 Accident Compensation Act 2001. Grant cover for concussion, contusion of left knee and abrasion of lower leg. Whole person assessment conducted. Appellant sought review of assessment. No breach of natural justice by the Reviewer in the conduct of the review process, as full opportunity was given to Appellant to present her application for review. Outcome: appeal dismissed.

Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Applicant claimed costs for time and preparation for the review and appeal and also for Baigent costs. Not awarded costs as she was self-represented. No question of law arises capable of bona fide and serious argument in the High Court. Outcome: application dismissed.

Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Application to appeal filed outside the statutory time period. Corporation did not waive the late filing. Outcome: application struck out.