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Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. No evidence that the appeal date was inadvertently missed or out of error. Whether the interests of justice required the exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal dismissed.
Weekly compensation s 103(2) and Sch 1, Pt 2, cl 32 Accident Compensation Act 2001. Appeal against decision to decline Appellant's application for weekly compensation. Whether there was a causal link between the Appellant's injury suffered in his accident and the physical condition causing his incapacity. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against decision of a Reviewer. Whether the Appellant's personal injury was causally linked to his accident or wholly or substantially by a gradual process or disease. Outcome: appeal allowed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Three year delay in filing appeal. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to appeal out of time. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against Respondent's decision to decline cover for treatment injury. Whether there was a causal nexus between surgery and post-operative paraplegia. Appellant's post-operative paraplegia found to be an ordinary consequence of the surgery. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against a decision of a Reviewer. Whether the Appellant's injury was caused by an accident or wholly or substantially by an underlying degenerative condition. Outcome: appeal dismissed.
Leave to appeal on a question of law. No point of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Cover granted following lodging of appeal. Respondent reconsidered matter and granted cover for Appellant's injury. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Amount of costs award for Appellant's advocate considered. Advocate costs award and disbursements awarded. Outcome: appeal allowed.
Revocation of cover s 65(1) Accident Compensation Act 2001. Appeal against decision to revoke the Appellant's cover for back injury. Outcome: appeal dismissed.
Late filing of an appeal to the District Court ss 149 and 151 Accident Compensation Act 2001. The Court has no jurisdiction to consider the Appellant's appeal against the Reviewer's August decision. Appellant had good grounds to establish extentuating circumstances to lodge a review application out of time for the December decision. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against Respondent's decision to decline cover for a personal injury. Whether or not the Appellant's back injury was caused by an accident or wholly or substantially by a gradual process or disease. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Whether the Appellant's personal injury was caused by an accident. Appellant established a causal nexus between his accident and the changes addressed during surgery. Outcome: appeal allowed.
Treatment injury s 32 Accident Compensation Act 2001. Whether the Respondent's decision to decline Appellant's cover for a treatment injury was correct. Not establised that Appellant suffered personal inury in receiving treatment. Outcome: appeal dismissed.
Mental injury caused by criminal acts s 21 Accident Compensation Act 2001. Appeal against decision declining claim for cover for mental injuries suffered as result of sexual abuse. Outcome: appeal granted.
Treatment injury s 32 Accident Compensation Act 2001. Appellant declined cover for a treatment injury. Whether the Appellant's personal injury was caused by his underlying condition or was a treatment injury.Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Whether the Respondent's decision to decline cover for a neck injury was correct. Outcome: appeal dismissed.
Costs claim. Appellant applied for costs. No sound basis under Rule 14 District Court Rules 2014 for the Appellant to claim any costs. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appeal filed out of time. Appellant has not established that the interests of justice require the exercise of the Court’s discretion to sustain application for leave to file appeal out of time. Outcome: leave to appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appeal filed one day out of time. Interests of justice require the exercise of the Court’s discretion to sustain application for leave to file appeal out of time. Outcome: leave to appeal granted.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to medical matters. Whether interests of justice required the exercise of the Court's discretion to sustain the Appellant's application for leave to file his appeal out of time. Outcome: appeal granted.
Costs decision. Costs awarded on a 2B basis. Outcome: Appellant awarded $7,162.50 in costs.
Weekly compensation s 103(2) Accident Compensation Act 2001. Appeal against decision declining weekly compensation. Whether the Appellant's incapacity was caused by a covered injury or an underlying degenerative condition. Outcome: appeal dismissed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against decision to cancel the Appellant's cover and entitlements. Whether the Appellant's injury was caused by an accident or degenerative condition. Outcome: appeal dismissed.
Appeal to the District Court out of time – s 151(c) Accident Compensation Act 2001. Leave to appeal review decision issued in 2015. Outcome: leave to appeal refused.