Ministry of Justice

Suspension of entitlements – s 117, weekly compensation – s 103, Accident Compensation Act 2001. Whether decision declining cover for back contusion injury was correct. Whether decision suspending entitlements for treatment and declining weekly compensation for knee injury were correct. Cover for back contusion injury subsequently found, resulting entitlements subject to review proceedings not yet concluded, therefore no jurisdiction for Court to hear and decide on Appellant’s entitlements relating to back contusion injury. Decision suspending entitlements for treatment and weekly compensation for knee injury correct. Outcome: appeal dismissed.

Appeal - claim for personal injury s 20, 25, 26 Accident Compensation Act 2001. Declined cover for a lumbar disc prolapse. Held: correctly declined cover on the basis that there was not sufficient evidence to show that injury was caused by accident. Accident caused the effects of degenerative changes to become apparent. Outcome: appeal dismissed.

Suspension of entitlements – s 117, Accident Compensation Act 2001. Whether Corporation correctly suspended Appellant’s entitlements on basis his current condition was no longer result of personal injury. Corporation had sufficient basis to suspend Appellant’s entitlements. Outcome: appeal dismissed.

Cover and entitlement to surgery – section 64 and Schedule 1, Accident Compensation Act 2001. Whether Corporation’s decisions declining cover for right shoulder sternoclavicular osteoarthritis and funding for surgery, and revoking and declining cover for closed traumatic dislocation, were correct. Whether causal link between Appellant’s accident and injuries for which cover had been granted and surgical funding sought. There was sufficient evidence to support claim for cover and surgery. Corporation’s decisions were not correct. Outcome: appeal allowed.

Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Grounds raised by Applicant for leave to appeal did not involve questions of law capable of bona fide and serious argument justifying appeal to the High Court. Outcome: application dismissed.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Very significant delay of over eight years and seven months. Appellant seeking extraordinary indulgence from the Court, requiring very strong case. Court not satisfied delay arose from understandable error or inadvertence. History of delay and non-cooperation by Appellant in litigation with Corporation. Reasonable possibility of prejudice to Respondent. Appellant failed to establish interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application dismissed.

Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Late filing of nine days resulted from error or inadvertence of Appellant’s counsel. Interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Outcome: application granted.

Claims process, Accident Compensation Act 2001. Appeal against Reviewer’s decision dismissing application for review on basis of lack of jurisdiction. Whether Corporation’s letter was decision capable of review under the Act. Whether appeal barred by reference to principles of res judicata and issue estoppel. Reviewer correctly found that Corporation’s decision was reviewable decision. Reviewer correctly found that she did not have jurisdiction to determine Appellant’s review application, as principles of res judicata and issue estoppel applied. Outcome: appeal dismissed.

Appeal - claim for personal injury s 20, 25, 26 Accident Compensation Act 2001. Whether Corporation's appointment of an assessor was correct. Whether revoked deemed cover and declined cover for lumbar disc protrusion (non-compressive) and lumbar disc displacement was correct. Held: court had no jurisdiction to consider appointment of assessor and Corporation was correct in its decision. Outcome: appeal dismissed.

Appeal against a review decision. s 32 Accident Compensation Act 2001. Whether the Corporation is able to cover cognitive impairment as its own injury. Whether there is sufficient evidence of a burn injury. Held: appellant will have cover for cognitive impairment as a separate injury and cover for the burn injury to his genitals. Appeal is allowed

Leave to appeal to the High Court – s 162(1) Accident Compensation Act 2001 – application for leave abandoned. Applicant decided not to go ahead with application for leave to appeal. Application effectively abandoned. Outcome: application dismissed.

Claim for costs on appeal. Appellant sought costs for time and preparation for review and appeal, and “Baigent” costs. Self-represented litigants not entitled to costs such as time and preparation, and Rules of Court do not make provision for “Baigent costs” as disbursements. Appellant entitled to reasonable disbursements. Outcome: Corporation directed to pay Appellant $100 disbursements.

Leave to appeal to the High Court – s 162 Accident Compensation Act 2001. Whether sufficient grounds, as matter of law, to sustain application for leave to appeal. Applicant failed to establish error of law capable of bona fide and serious argument. Outcome: application dismissed.