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Section 32 Accident Compensation Act 2001 - treatment injury; proof of injury. Appeal against decision declining claim for treatment injury due to insufficient evidence. On the balance of probabilities, an epidural injection caused the appellant's treatment injury of arachnoiditis. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether the delay resulted from a deliberate decision not to proceed followed by a change of mind, from indecision, or from error or inadvertence. The appellant’s delay arose out of understandable error or inadvertence, rather than a change of mind or from indecision. Outcome: appeal granted.
Proof of incapacity - s 102 Accident Compensation Act 2001. Appeal against decision declining back dated weekly compensation. Appellant failed to discharge onus to prove incapacity within specific time periods. Outcome: appeal dismissed.
Costs decision. Outcome: costs and disbursements of $3,655.50 awarded.
Cover for personal injury and suspension of entitlements - ss 20 and 117(1) Accident Compensation Act 2001. Appeal against decision to decline cover. Causal connection between Appellant's accident and injury proven on the balance of probabilities. Outcome: appeal granted.
Social Rehabilitation “aid or appliance” - sch 1 cl 12 Accident Compensation Act 2001. Appellant sought review of decision declining funding for shoes and socks. Decision to decline funding quashed. Outcome: appeal granted.
Leave to appeal. No error of law capable of bona fide and serious argument established. Outcome: appeal dismissed.
Allowances under the Accident Compensation Act 1982; Jurisdiction; Decision ss 6, 134 of the Accident Compensation Act 2001. Appeal of review decision dismissing claims to dry cleaning and uniform upkeep allowances, gymnasium and pool costs, and an accommodation allowance. Outcome: the appeal is dismissed in respect to the first and third claims. The Court directs the Corporation to separately consider the appellants proposal and determine a separate figure for gymnasium and pool facility costs in respect to the second claim.
Whether the Reviewer's ruling was a review decision - s 145(3) Accident Compensation Act 2001. Reviewer did not make a decision on the substance of the Appellant's decision. Appellant not entitled to an appeal to the District Court. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162 Accident Compensation Act 2001. Delay in receiving application may have been due to the postal system or possibly with the Court. Interests of justice in allowing leave to 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 her application for leave to file appeal out of time. Interests of justice established for appeal. Outcome: appeal granted.
Work-related mental injury - s 21B(1)(b) Accident Compensation Act 2001. Whether Respondent was correct to decline cover for a work-related mental injury following the Appellant witnessing her older son molesting her younger son in their home. Appellant's witnessed incident was causally related to her PTSD diagnosis and satisfied the criteria for work-related mental harm. Outcome: appeal allowed. Review decision quashed.
Leave to appeal. Whether there was an error of law capable of bona fide and serious argument. Appellant did not establish sufficient grounds, as a matter of law, to sustain her application for leave to appeal. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Question of amount of costs award to Appellant. Outcome: Appellant awarded costs and agreed disbursements $2438.40.
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. Delay arose out of error or inadvertence. 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 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 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 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 to sustain appeal. Outcome: appeal granted.
Leave to appeal. Application for leave to appeal against a District Court decision declining cover. No arguable error of law. Outcome: application declined.
Personal injury and cover issues, s 26 and Part 3 Accident Compensation Act 2001. Whether the Respondent's decision to decline cover was correct. Appellant's back pain was injury-related rather than age-related. Outcome: appeal allowed.
Leave to appeal to the High Court s 162 Accident Compensation Act 2001. Questions of law posed not capable of bona fide and serious argument. Outcome: application declined.
s 26 Personal Injury and s 67 Entitlements, Accident Compensation Act 2001. Whether decision declining cover and surgery funding was correct. Established that injury was caused by an accident not underlying condition. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. No interests of justice established that required exercise of the Court's discretion to sustain an application for leave to appeal out of time. Outcome: appeal dismissed.
Suspension of Entitlements s 117; Entitlement to Surgery s 67 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining cover and surgery for injury. Appellant established that accident caused injury not underlying condition. Decision declining cover and surgery reversed. Outcome: appeal allowed.