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Treatment injury - s 20(2)(d) Accident Compensation Act 2001. Appeal against decision to decline cover for treatment injury. Appellant established on the balance of probabilites that he suffered personal injury caused by the surgery. Outcome: appeal granted.
Personal injury s 26 Accident Compensation Act 2001. Appeal against a decision to decline estate financial support following an unexpected death. Death was caused by a cardiovascular event which was not covered by the legislation. Appellant’s estate not entitled to cover. Outcome: appeal dismissed.
Claim for costs - s 148, Accident Compensation Act 2001. Appeal against a decision dismissing several review applications and making a limited award of costs. The continuance of the applications beyond the Corporation’s advice was highly questionable. The lodgement of multiple reviews (on near-identical issues), rather than a single review application, was not reasonable. The Appellant has not established that she is entitled to further costs than those awarded in the decision. Outcome: appeal dismissed.
Revocation of original decisions - s 65 Accident Compensation Act 2001. Appeal against decision revoking cover for mental injury and spinal cord injury. Sufficient medical evidence to justify revocation of original decision granting cover for mental injury. Not established that spinal cord injury caused by assault. Revocation of cover for spinal cord injury correct. Outcome: appeal dismissed.
Late filing of leave to appeal s 162 Accident Compensation Act 2001. Application for leave to appeal against Respondent's decision to decline funding for a neck brace. Court did not have jurisdiction to entertain the Appellant's application for leave to appeal. Outcome: appeal dismissed.
Claim for personal injury s 6 Accident Compensation Act 2001. Appeal against Respondent's decision to approve cover for a mild traumatic brain injury rather than moderate. Whether jurisdiction to consider Respondent's decision. Respondent's decision to grant cover for mild traumatic brain injury was correct. Outcome: appeal dismissed.
Claim for personal injury - s 67 and Schedule 1, Accident Compensation Act 2001. Appeal against dismissal of application for review of decision to decline to fund further treatment. Corporation's decision found to be correct. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Whether the 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 understandable error or inadvertence.Outcome: appeal allowed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Whether the interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay was not due to understandable error or inadvertence. Outcome: appeal dismissed.
Personal injury/Causation - exposure to spray ss 25-26 Accident Compensation Act 2001. Whether the decision to decline cover for cost of treatment and other support was correct. Whether treatment arose out of an injury suffered in an earlier accident. Causation is proven on the balance of probabilities. Outcome: appeal allowed.
Review of old decision s 134 Accident Compensation Act 2001. Whether the reviewers were wrong to find that there were no reviewable decision in respect of specific decisions. Whether the Appellant had a valid claim for cover. Sufficient evidence for the process to be initiated. Outcome: appeal allowed.
Leave to appeal to the High Court on error of law. Appellant did not establish sufficient grounds to sustain application for leave to appeal. Outcome: appeal dismissed.
Weekly compensation s 100 Accident Compensation Act 2001. Appeal against decision to decline Applicant's application for weekly compensation. Whether incapacity was caused by a gradual process condition or wholly or substantially by his accident. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against a decision to decline cover for a claimed treatment injury. Whether the treatment surgery caused the Appellant’s injury. Outcome: appeal dismissed.
Entitlements s 67, s 69 and sch 1 – Accident Compensation Act 2001. Appeal of decisions declining cover and funding for surgery to treat a T7/T8 disc injury and declining continuing weekly compensation. Whether the problem at T7/T8 was caused by the accident, or was it natural degeneration rendered symptomatic by the accident. Outcome: appeal allowed.
Claim for costs - Accident Compensation Act 2001. Appellant sought costs for reimbursements relating to self-representation expenses such as typing submissions, photocopying, and internet bill. Claim for typing and photocopying accepted. Internet use claim declined. Outcome: appeal allowed in part.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Whether the interest of justice required the Court to exercise discretion to sustain the Appellant's application for leave out of time. Delay arose at least partly from factors beyond the Appellant's control. Outcome: appeal allowed.
Causation; Personal Injury s 26; Personal injury caused by accident s 20 – Accident Compensation Act 2001. Appeal of decision declining surgery funding and cover for an annual tear at L5/S1 in the appellant’s lumbar bone. Whether the appellant’s pathology requiring surgery was wholly or substantially caused by her accident or whether it was degenerative. Outcome: appeal allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant’s delay arose out of the error or inadvertence of her advocate. Whether the interests of justice require the exercise of the Court’s discretion to sustain the Appellant’s application for leave to file her appeal out of time. Outcome: appeal granted.
Leave to appeal on error of law. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Social rehabilitation, transport for independence – ss 81, 84 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining purchase of a mobility scooter and provide a tricycle. Appellant failed to establish decision to decline to purchase a scooter and provide a tricycle was incorrect. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Appellant's delay arose out of the error or inadvertence of her advocate. Whether the interests of justice require the exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Appeal of decision dismissing an application to review decision revoking cover for mental injury and revoking deemed cover for a spinal cord injury. Whether interests of justice require the exercise of the Court’s discretion to sustain the appellant’s 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. Appellant’s delay arose out of the error and inadvertence of his advocate. Whether the interests require 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 - Accident Compensation Act 2001. Costs claim in relation to a successful appeal decision. No basis on which to award costs or disbursements. Outcome: appeal dismissed.