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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.
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. No question of law capable of bona fide and serious argument. 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 her application for leave to file her appeals out of time. Delay due to error and inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Section 6 “Earner”; Weekly Compensation, Clause 32 – First Schedule Accident Compensation Act 2001. Whether the appellant meets the criteria of the Act for having “earnings” at the time of her covered injury. The decision that the appellant did not qualify for weekly compensation is correct. The appellant had no taxable earnings falling within New Zealand’s income tax laws. Outcome: appeal dismissed.
Weekly Compensation - s 100(1)(a), s 103(2) Accident Compensation Act 2001. Whether Respondent's determination it was unable to continue with the Appellant's weekly compensation was correct. Evidence insufficient to allow the conclusion that Appellant was incapacitated from the relevant time. Decision not to continue with compensation correct. Outcome: claim dismissed.
Mental injury, s21, Schedule 3 – Accident Compensation Act 2001. Appeal against decision declining appellant cover for mental injury under grounds that circumstances from the act did not fall within the description of an offence. Act fell between the description of an offence. Outcome: appeal allowed.
Leave to appeal to High Court - s 162(1) Accident Compensation Act 2001. Application for leave to appeal against previous decision to decline cover for mental injury caused by treatment. None of the questions of law posed are capable of bona fide and serious argument. Outcome: claim 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. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than indecision. Outcome: appeal granted.
Appeal from decision to decline weekly compensation - s 100 Clause 3 Schedule 1 Accident Compensation Act 2001. Weekly compensation had been declined on basis appellant not earner at date of injury. Even if appellant was earner at date of injury or eligible under first requirement under clause 43 court finds appellant had no earnings at relevant time. Not eligible to receive weekly compensation. Outcome: appeal 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. No error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for treatment injury - s 32 Accident Compensation Act 2001. Appeal relating to cover for treatment injury. Whether the Corporation’s decision dated 4 April 2016 accepting cover for treatment injury was correct. Treatment injury was caused when Appellant received treatment from registered health professional and which was not a necessary part or ordinary consequence of the treatment. Corporation's decision to accept cover for treatment injury was correct. Previous decision upheld. Outcome: appeal dismissed.
Claim for personal injury - s 26 deemed decision – s 58 Accident Compensation Act 2001. Appeal of review decision declining cover for back sprain, lumbar sprain and postural scoliosis. Appellant failed to establish the Reviewer incorrectly dismissed review application. Outcome: appeal dismissed.
Claim for weekly compensation - s 15 (3) and clause 31 of Schedule 1 Accident Compensation Act 2001. Found that Corporation correctly calculated Appellant's entitlements by adopting income tax return for year ending March 2021 in respect of his injuries as a shareholder-employee, rather than calculating an amount which represented "reasonable remuneration" for the relevant period. Previous decision of reviewer upheld: 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 appeals out of time. Interests of justice established for appeal. Outcome: appeal granted.
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.
Impairment assessment for independence allowance - pt 4, sch 1 Accident Compensation Act 2001. Appellant has cover for sensitive claim relating to childhood sexual abuse. Appeal against decision of Reviewer dismissing an application for review of Corporation's decision determining entitlement to independence allowance. Appellant has not established on balance of probabilities that assessment of her impairment was flawed or incorrect. Outcome: appeal 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. No established error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Claim for personal injury, claim for weekly compensation - s 26, s 100 Accident Compensation Act 2001. Appeal from decision to decline additional cover and entitlement to weekly compensation. Appellant's accident caused an acute physical injury that substantially contributed to post-accident incapacity. Appellant entitled to cover for personal injury and consequent entitlements including weekly compensation. Outcome: appeal allowed.
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 an understandable error or inadvertence rather than indecision. Outcome: appeal granted.
Claim for work-related gradual process injury - s 30(2) Accident Compensation Act 2001. Appeal from decision to decline cover for gradual process injury as result of exposure to glutaraldehyde. Found that person exposed to glutaraldehyde in stock was at significantly greater risk of suffering poisoning. Appellant qualifies for cover. Outcome: appeal allowed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay due to issues navigating ACC process. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay arose out of error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Impairment Assessment - pt 3 sch 1 Accident Compensation Act 2001. Appellant failed to show on balance of probabilities that decision was wrong. Outcome: appeal dismissed.
Appeal against decision regarding weekly compensation - Section 149 Accident Compensation Act 2001. Found that recalculation of appellant's shareholder salary for the relevant year has been appropriate and proper. Outcome: present appeal struck out.
Personal Injury – Section 26; Causation, Accident Compensation Act 2001. Appeal against a decision declining cover for a neck sprain. Whether the appellant suffered an injury, namely a neck sprain, which was the subject of a claim for cover lodged by the appellant’s GP. On the balance of probabilities, evidence establishes that the appellant did suffer an injury on while pressing weights. ACC’s decision declining cover is reversed. Outcome: appeal allowed.
Claim for costs on appeal. Respondent ordered to pay Appellant $3,972.25 ($3,772.25 costs and $200 disbursements). Appeal allowed.