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Personal Injury, Causation s 26; Costs on Review s 148 Accident Compensation Act 2001. Appeal against decision declining cover for amputation and weekly compensation, claim for review costs. Whether amputation causally related to insect bite. Cause was underlying vascular disease. Outcome: appeal dismissed.
Work-related gradual process injury – s 30(3) Schedule 2 Clause 35 Accident Compensation Act 2001. Whether appellant established work-related exposure to trichloroethane caused or contributed to cause of his Parkinson’s disease. Not established on balance of probabilities that disease caused by trichloroethane exposure, as strong familial history of Parkinson’s Disease. Outcome: appeal dismissed.
Cover – Incapacity s 103; Backdated Weekly Compensation Accident Compensation Act 2001. Appeal against decision accepting retrospective incapacity and entitlement to backdated weekly compensation, and letter advising medical certification of incapacity required for further compensation. Decision was wholly in favour of appellant therefore any appeal against it must be refused. Letter was advice, not decision, therefore could not be appealed. Outcome: appeal dismissed.
Leave to appeal to the High Court – Section 162 Accident Compensation Act 2001. Whether Court erred in admitting evidence. Whether Court correctly applied significantly greater risk test. No points of law raised capable of bona fide and serious argument. Outcome: appeal dismissed.
Late filing of appeal to the District Court - s 151 Accident Compensation Act 2001. Appeal relating to Corporation declining cover and declining to fund surgery to treat tears in Appellant's shoulder. Appellant has established that interests of justice require exercise of Court's discretion. Application for leave to file out of time granted. Court draws Appellant's attention to s 161(3) Accident Compensation Act providing if an appeal is not prosecuted with due diligence Court may dismiss it. Outcome: appeal allowed.
Employment status at time of incapacity - clause 43, First Schedule Accident Compensation Act 2001. Whether Corporation correctly declined weekly compensation on basis Appellant not earner at date of injury. Appellant had suffered treatment injury, namely subcostal nerve injury following surgery. Court finds Appellant does not qualify for weekly compensation and Court has no power to reach decision other than in accordance with plain words of clause 43. Outcome: appeal dismissed.
Weekly compensation / calculation of earnings as a self-employed person - s 100, s 14, Schedule 1, Part 2, CL 31,32 Accident Compensation Act 2001. Appeal of decision after Corporation had deducted portion of loan interests costs from income received from investment. Court finds previous decisions correct in treatment of interest treated as an expense related to income from investment and correctly calculated earnings for purpose of determining weekly compensation.
Late filing of appeal to District Court - s 151 Accident Compensation Act 2001. Appeal filed late because Appellant is now disabled and suffered stress caused by review process. Court finds Appellant has established interests of justice require exercise of Court's discretion to sustain her application for leave to file her appeal out of time. Appellant's attention drawn to s 161(3) and is required to comply with deadlines and court directions. Outcome: appeal allowed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Corporation had declined cover for work-related gradual process condition. Court finds Appellant has established interests of justice require exercise of Court's discretion to sustain application for leave to file out of time. Leave accordingly granted. Outcome: appeal allowed.
Late filing of appeal to the District Court - s 151 Accident Compensation Act 2001. Corporation had declined to make further payment of interest on back-dated weekly compensation. s 161(3) provides that if appeal not prosecuted with due diligence court may dismiss appeal. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether reviewer correctly dismissed respondent's application. Applicant has not established that judge had made error of law capable of bona fide. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Corporation had declined cover for mental injury. Court finds appeal not prosecuted with due diligence. Outcome: appeal dismissed.
Leave to Appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether reviewer correctly dismissed applicant's application. Applicant has not established that judge had made error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Personal injury, causation - s 26 Accident Compensation Corporation 2001. Appellant brings two separate appeals relating to whether he should have cover for a right hip labral tear. Whether Corporation’s decisions to decline cover for right hip labral tear were correct. Court held necessary causal nexus between accident and injury not been established. Insufficient evidence to show Corporation's decisions were incorrect. Outcome: appeals dismissed.
Preliminary jurisdiction issue - Accident Compensation Act 2001. Appellant suffered shoulder injury and became unable to work. Applications for surgery funding and weekly compensation denied. Appellant used annual leave and sick leave to cover absence. Corporation's decision successfully reviewed but he received no compensation for period leave entitlements used. Court found that it has jurisdiction to determine the legal issue and is prepared to do so. Outcome: claim allowed.
Appeal from decision suspending weekly compensation - s117(3) Accident Compensation Act 2001. Appellant injured bicep lifting an object at work. Whether Corporation correctly suspended weekly compensation on basis of non-compliance. Court finds Appellant had reasonable grounds for objecting to mode of transport to assessment appointment. Appellant's assessment and rehabilitation process not seriously jeopardized by non-attendance at appointment. Appellant did not unreasonably fail to attend appointment such that his compensation should remain suspended. Outcome: appeal allowed.
Vocational independence s 109(2)(b) Accident Compensation Act 2001. Whether respondent correctly declined reassessment of Appellant's vocational independence. Evidence indicated appellant's vocational independence had deteriorated due to injuries. Outcome: appeal allowed.
Personal Injury - s 26; Treatment Injury - s 32 and 33; causation. Appeal against decision to decline cover for obsessive compulsive disorder as a treatment injury. Mental injury not caused because of a physical injury. Outcome: appeal dismissed.
Jurisdiction - Accident Compensation Act 2001. Fourth appeal challenging correctness of respondent's decision relating to impairment assessment. Lack of jurisdiction for appeal. Outcome: appeal dismissed.
Entitlements - Part 4 Accident Compensation Act 2001. Appeal against decisions revoking cover for neck injury. One of the decisions was not reviewable. Appellant was not an earner at pivotal time of another decision. Reason for other appeals no longer existed. 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 discretion to sustain his application for leave to file his appeal out of time. Interests of justice established for appeal. Delay arose out of understandable error. Outcome: appeal granted.
Leave to appeal to the High Court - Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain his application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Deemed cover, personal injury - s 58, s 26 Accident Compensation Act 2001. Appeal of decision confirming deemed cover but simultaneously revoking deemed cover for eye injury/eye trauma, lower back injury, head injury. Same decision had confirmed cover for contusion of lower back. Appellant's position that injuries were suffered as result of police arrest. Court found not enough evidence of injuries caused by police. Decision to revoke cover for eye injury and head injury was correct. Outcome: appeal dismissed.
Causation - Accident Compensation Act 2001. Whether respondent was correct to decline cover for back surgery. Injury damage requiring surgery caused by unnatural dish washing activities during course of employment. Outcome: appeal allowed.
Ordinarily resident in New Zealand - s 117 Accident Compensation Act 2001. Appeal against decision declining cover as appellant not ordinarily resident of New Zealand at time of accident. Appellant not received New Zealand income since 2014. Appellant prevented from treating New Zealand as permanent place of residence. Outcome: appeal dismissed.