Costs following substantive judgment. Daily rate set at 50% of the daily lawyer rate based on category under the District Court Rules is appropriate. Outcome: costs award to appellant of $3,048.
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Costs following substantive judgment. Daily rate set at 50% of the daily lawyer rate based on category under the District Court Rules is appropriate. Outcome: costs award to appellant of $3,048.
Leave to appeal to the High Court regarding a claim for costs. Appellant did not establish sufficient grounds to sustain his application for leave to appeal. Outcome: appeal dismissed.
Mental injury s 26(1)(c) Accident Compensation Act 2001. Appeal against declined cover for mental injury caused by covered physical injury. Failed to assist the Corporation in the establishment of his claimed cover by undergoing a medical assessment. Appellant did not establish he has a mental injury that was suffered because of his back injury or that he has deemed cover for this injury. Outcome: appeal dismissed.
Assessment of Whole Person Impairment cls 57, 59 and 61, sch 1; Lump Sum Regulations r 4 - Accident Compensation Act 2001. Appeal against decision assessing lump sum entitlement for appellant on basis of 20% whole person impairment and appeal against refusal to undertake a reassessment of the appellant’s whole person impairment. Outcome: appeals dismissed.
Claim for mental injury - s 21 Accident Compensation Act 2001. Whether the Corporation, correctly declined the appellant cover for mental injury. The appellant has proved, on a balance of probabilities, that he has a mental injury, which was substantially caused by the sexual abuse inflicted on him. Outcome: appeal allowed.
Social Rehabilitation s 79 and 81-84 Accident Compensation Act 2001. Appeal against the respondent's decision to approve funding for the appellant's home help and community support of 4.5 hours per week. Whether respondent's discretion in assessing the appellant’s home help and attendant care needs was exercised on a wrong principle. Outcome: appeal dismissed.
Work-related injury s 28 Accident Compensation Act 2001. Appeal against declined cover for work-related injury. Whether accredited employer corrected declined the appellant's cover for a work-related injury. Outcome: appeal allowed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury which the deceased’s estate said caused the deceased’s demise. Whether correctly declined cover for a treatment injury, said to have been caused by treatment. Outcome: appeal dismissed.
Vocational Independence s 107 Accident Compensation Act 2001. Appeal challenging decision of Corporation finding Appellant vocationally independent in twelve work types. Whether Appellant was likely to achieve vocational independence and whether the Vocational Independence Medical Assessment (VIMA) was flawed. Appeal dismissed.
Claim for costs – s 148, Accident Compensation Act 2001. Whether the Reviewer corrected assessed the costs awarded to Mr Alves in respect of the review hearing; whether the Reviewer had jurisdiction to award additional costs claimed; and, if so, whether the Reviewer appropriately exercised discretion in not awarding additional costs. Outcome: appeal dismissed.
Claim for personal injury – ss 25–26, Accident Compensation Act 2001. Whether decision to decline appellant’s claim for cover for an umbilical hernia was correct. Appellant has established, on a balance of probabilities, that he sustained a personal injury, being a paraumbilical hernia, when pushing a barrow at work, and is entitled to cover for a work injury. Outcome: appeal allowed.
Lump sum compensation s 69(d) and cls 54, 59 Sch 1 Accident Compensation Act 2001. Whether the Respondent correctly declined the Appellant's application for lump sum compensation for permanent impairment. No error in impairment assessments found. Outcome: appeal dismissed.
Claim for independence allowance – Part 4, sch 1 of the Accident Insurance Act 1998. Appeal of decision dismissing application for review of ACC’s decision assessing appellant’s whole person impairment for an independence allowance. Where appellant’s epilepsy should be fixed on a scale of 0-14% as prescribed under Table 5 of the AMA Guides. Appellant has not established on balance that assessment on which ACC based decision was flawed or incorrect. Outcome: appeal dismissed.
Weekly compensation s 103(2) Accident Compensation Act 2001. Appeal against decision declining weekly compensation. Appellant did not establish a direct causal nexus between the earlier covered injury and the physical condition which caused his later incapacity. Outcome: appeal dismissed.
Causation s 20 Personal Injury – Accident Compensation Act 2001. Appeal of decision revoking cover for a spider bite and associated infection and the consequent development of post traumatic stress disorder. Outcome: appeal allowed. Decisions to revoke cover for spider bite and for post traumatic stress disorder are reversed. Decision to suspend entitlement to weekly compensation is reversed.
Causation s 20 Personal Injury – Accident Compensation Act 2001. Appeal of decision declining claim for left inguinal hernia. Whether the hernia caused by an accident. Given the “no hernia” finding on 9 January, not credible to conclude that hernia diagnosed 13 February was result of gradual process and not caused by girdling work undertaken that day. Outcome: appeal allowed. Decision declining claim reversed.
Interest and Transport Cost Claims. Appeal against two review decisions finding there was no jurisdiction to make a review decision in either case. Whether appellant wrongfully denied weekly compensation and interest on overdue travel costs. Outcome: appeal dismissed.
Personal Injury/Causation s 20 Accident Compensation Act 2001. Whether the decision of 9 November 2016 declining cover for calcification of T8/9, resulting from an accident in 1994, is correct. The Court held that some age-related degeneration found in other vertebra did not sustain a finding of degeneration rather than trauma. Outcome: appeal allowed.
Interest on backdated earnings related compensation s 114 – Accident Compensation Act 2001. Appeals against review decisions ACR 261/20 and ACR 15/21. Interest on Money Claims Act 2016 does not apply to ACC payments. Appellant failed to prove respondent’s decision wrong. Outcome: appeals dismissed.
Costs claimed by the Appellant at Review. Appeal against decision refusing to award costs to the appellant’s wife representing the appellant. Outcome: appeal declined.
Claim for metal injury caused by certain criminal acts and assessment for an independence allowance ss 21 and 377(2) Accident Compensation Act 2001. Appeal against two decisions dismissing application for review of ACC's decisions declining cover for major depressive disorder (MDD) and polysubstance abuse and awarding an independence allowance at a rate of 15% from the date of reassessment. Appellant did not establish on balance of probabilities that her sexual abuse caused her MDD and polysubstance abuse. Outcome: appeal dismissed.
Costs. Whether costs fall under category 1A or category 2B. Outcome: the Court found it is a category 1 proceeding.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence and therefore not eligible for weekly compensation. Outcome: appeal dismissed.
Entitlement to surgery Section 67 and Schedule 1 Accident Compensation Act 2001. Appeal to claim payment for shoulder injury requiring surgery. Whether the need for surgery was causally related to the accident. Outcome: Appeal allowed.
Incapacity, weekly compensation - Accident Compensation Act 2001. Appeal against decision declining weekly compensation on the grounds the appellant did not have incapacity caused by a covered injury. Outcome: appeal allowed.