Ministry of Justice

Late filing of appeal to District Court. s 151 Accident Compensation Act 2001. Cover for sensorineural hearing loss as treatment injury had been declined. Interest of justice require exercise of Court's discretion to sustain application to file appeal out of time. Outcome: claim allowed.

Leave to appeal to High Court - s 162 Accident Compensation Act 2001. Whether interests of justice required exercise of discretion to sustain her application for leave to appeal. Not established error of law capable of bona fide and serious argument. Outcome: appeal dismissed.  

Mental injury suffered because of physical injury – s 26(1)(c) Accident Compensation Act 2001. Whether Corporation’s decision declining cover for PTSD caused by physical injury was correct. Work injury partly caused PTSD. Physical injury was a cause of the mental injury “in some genuine or meaningful way, rather than just in a trivial or minor way.” Outcome: appeal allowed, Corporation’s decision reversed.

Personal injury - ss 25, 26 Accident Compensation Corporation Act 2001. Appeal against decision declining cover for knee surgery. Osteoarthritis caused degenerative changes rather than the accident. Outcome: appeal dismissed.

Social Rehabilitation; Backdated Weekly Compensation; Whole Person Impairment; Independence Allowance. Whether decisions declining social rehabilitation funding, backdated weekly compensation, calculation of weekly compensation, and declining entitlement to independence allowance were wrong. Appellant failed to prove decisions were incorrect. Respondent asked to consider possible ex gratia payment in respect of social rehabilitation. Outcome: appeal 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 appeal. Delay arose out of an understandable error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.

Work-related personal injury - ss 26, 28 Accident Compensation Act 2001. Appeal against decision to decline cover for a work-related personal injury. Appellant's physical injury could be attributed to an accident during the Appellant's employment. Outcome: appeal allowed.

Claim for costs and disbursements on appeal. Appellant not entitled to costs and disbursements. Appellant was a self-represented litigant so only entitled to disbursements not costs such as loss of his time. Costs and disbursements claim already addressed in earlier proceeding. Outcome: claim dismissed.

Lump sum compensation for permanent impairment. Part 3, Schedule 1, Clause 54 Accident Compensation Act 2001. Previous decision declining appellant's application for further lump sum was wrong. ACC now required to make further lump sum payment to appellant. Outcome: appeal allowed

Application for recall of judgment. s 149 Accident Compensation Act 2001. Cover for chronic regional pain syndrome was declined. Appellant has not established that justice requires that the Court's previous decision be recalled. Outcome: application dismissed.

Late filing of appeal to District Court - s 151 Accident Compensation Act 2001. Appeal relating to previous decision declining cover for work related gradual-process injury. Outcome: claim dismissed.

Further ruling on application to recall judgment. s 149 Accident Compensation Act 2001. Appellant's lawyer had reasonable opportunity to put before the court all relevant matters on behalf of client. Outcome: application to recall judgment dismissed.  

Claim for work-related gradual process injury - ss 28, 30 Accident Compensation Act 2001. Appeal against decision awarding cover for Covid-19 as a work-related injury. Appellant was at a place for purpose of his employment when he was staying at a hotel for an airline layover. Outcome: appeal dismissed.