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Claim for weekly compensation - Schedule 1, clause 52 Accident Compensation Act 2001. Appeal against decision dismissing review of Corporation decision declining request for weekly compensation following knee surgery. Appellant not entitled to weekly compensation as he had exceeded period of entitlement at time of reaching Superannuation qualifying age. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his applications for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Appeal from Reviewer - jurisdiction s 149(1), claim for social rehabilitation s 81, whether causal link between symptoms and injuries ss 20,25,26, costs on review s 148(2) Accident Compensation Act 2001. Decision had declined to provide social rehabilitation assessment and transport assistance. Decision had dismissed allegation that Corporation had failed to issue decision in timely manner in response to request for individual rehabilitation plan. Also appealing review costs awarded. Found that Corporation did not have obligation to appellant to undertake further assessments. No causal link between symptoms and covered injuries. Appellant did not have ongoing entitlement to rehabilitation. Reviewer had appropriately exercised discretion in relation to award of review costs. Decision of reviewer upheld. Outcome: appeal dismissed.
Jurisdiction - s 149(3) Accident Compensation Act 2001. Appeal related to review decisions on decisions by the Corporation. No jurisdiction for court to hear appeals. Outcome: appeal dismissed.
Application for leave to appeal to High Court - s 162(1) Accident Compensation Act 2001. Declined cover for a pelvis injury as not sufficient medical evidence to support cover. Judge was entitled to reach the findings he did. Outcome: application dismissed.
Weekly Compensation, s 100(1)(a); s 103(2); Cl 32 Schedule 1 Accident Compensation Act 2001. Whether the court has jurisdiction to determine the appellants employment/earnings status at the time his incapacity commenced. Whether the appellant was an employee in permanent employment entitled to a calculation of his weekly compensation under the Act. The appellant was an employee in permanent employment at all material times and thus entitled to a calculation of his weekly compensation under the Act. Decision quashed. ACC to assess the appellant’s weekly compensation as an employee in permanent employment before his incapacity commenced. Costs reserved. Outcome: appeal allowed.
Appeal against a review decision that declined to provide reimbursement for vocational rehabilitation and transportation costs. Appellant unable to prove on balance of probabilities that previous decision was wrong. Satisfied that the reviewer's analysis and conclusions were correct. Outcome: appeal dismissed.
Revocation of cover - Causation - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover. Appeal against decision declining entitlements. Appeal against costs decision. Accident overlooked or ignored by employer. Evidence indicated Appellant suffered an accident resulting in hip and thigh injury. Cover restored so entitlements, including backdated entitlements should follow. Appellant entitled to costs. Outcome: appeal granted for revoked cover.
Appeal against decisions to decline funding for surgery and cover - Personal Injury s 20 Accident Compensation Act 2001. Whether appellant suffered a treatment injury. Treatment injury arose from complications of fusion surgery, therefore appellant is entitled to cover for this injury. Outcome: appeal allowed.
Claim for mental injury because of physical injury - s 26(1)(c) Compensation Act 2001. Appeal from decision of reviewer. Decision declined appellant's weekly compensation as a consequence of her physical injury and declined cover for major depression as consequence of physical injury. Medical evidence supports decision to decline entitlement to weekly compensation. Appellant had not established the corporations previous decision was incorrect. Outcome: appeal dismissed.
Application for leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Applicant lodged a claim for tuberculosis as a work injury. On the balance of probabilities, the appellant has never contracted tuberculosis. Outcome: application dismissed
Revocation of cover, Suspension of weekly compensation - ss 65, 117 Accident Compensation Act 2001. Whether decision to decline cover for mental injury correct. Whether decision to revoke cover for post-concussion syndrome correct. Whether decision to suspend weekly compensation correct. Health challenges on balance of probabilities not related to accident. Current presentation not causally related to covered injury. Medical presentation no longer derives from personal injury. Decision to decline compensation on basis appellant did not have post-concussion syndrome correct. Outcome: appeal dismissed.
Cover Issues - s 20 Accident Compensation Act 2001. Decline of cover for right supraspinatus tear and right subacromial and subdeltoid bursitis. Appellant has not proved that the tear and bursitis was caused by February 8 accident. Evidence before Court is that shoulder condition is age related not injury related. Outcome: claim 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 his application for leave to appeal. Application is out of time. Court has no jurisdiction in this matter. Outcome: appeal dismissed.
Appeal under s 25 and 26 Accident Compensation Act 2001. Whether ACC's decision declining to provide cover and to fund surgery for a right hip labral tear was correct. Hip surgery required by the appellant arose from pre-existing degenerative changes and not from the accident. Outcome: appeal dismissed.
Appeal against decision to decline cover for workplace injury - s 20 Accident Compensation Act 2001. Evidence is that particular shoulder condition was not injury related, but rather age related. 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. Delay arose out of error or inadvertence by the Appellant's advocate. Interests of justice established for appeal. Outcome: appeal granted.
Claims process - s161(1) Accident Compensation Act 2001. Appeal relating to weekly compensation entitlements. Appellant had accident and was granted cover for open wound of wrist with tendon involvement and other injuries. Appellant considers Reviewer's decision to confirm Corporation's decision about entitlement was based on incorrect evidence. Court finds Appellant has not established Corporation incorrectly calculated weekly compensation. Outcome: appeal dismissed.
Jurisdiction – s 134 Accident Compensation Act 2001. Appellant appealed a review of a decision. Reviewer concluded appellant’s review application was not in respect to a reviewable decision. Outcome: appeal dismissed.
Jurisdiction - s 134 Accident Compensation Act 2001. Appellant suffered physical injury and post-traumatic stress disorder from sexual assault. Appellant suffered concussion injury and traumatic amputation of finger in accident. Corporation declined cover for physical injury. Court found no power to reinvestigate what happened. Jurisdiction confined to hearing appeal against review decision as set out in s 149(1)(a). Appellant may be able to lodge claim for counselling. Outcome: appeal dismissed.
Application to recall judgments - s 235 District Court Act 2016. No specific reasons given why the judgments should be recalled. Assertions without reasons not sufficient grounds for recall of a judgment. Outcome: application dismissed.
Employer Levy Classification - ss168, 170 Accident Compensation Act 2001. Whether appellant classifies for ACC levy purposes under classification unit CU96100 (Religious Organisations and Activities). Decision of reviewer had found the appropriate classification unit was different. Analysis of what appellant trust does shows decision of reviewer was correct. For purposes of s170 the most accurate classification unit is 96290. Outcome: appeal dismissed.
Deemed cover - s 58 Accident Compensation Act 2001. Appeal against revoked deemed cover. Whether Appellant's injuries were caused by his two accidents. Appellant's injuries were caused by or materially contributed to by the accidents. Outcome: appeal allowed.
Claims for costs on appeal Part 14 District Court Rules 2014. Outcome: Appellant awarded $859.50 in costs on appeal. Appeal allowed.
Appeal against two decisions declining cover for spinal injury - s 100 Accident Compensation Act 2001. Whether evidence demonstrates that any of the covered sprain injuries are the cause of incapacity. On the balance of probabilities, the accidents suffered by appellant have materially contributed to the present state of his spine. Outcome: appeal allowed.