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Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Delay was due to an understandable error or inadvertence caused by the Appellant’s computer. Whether interests of justice required the exercise of discretion to consider the Appellant’s application for leave to file her appeal out of time. Outcome: appeal allowed.
Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against decision declining cover for an injury. Whether the Appellant's injury was caused by an accident or wholly or substantially by a gradual process or disease. Outcome: appeal dismissed.
Vocational independence s 107 Accident Compensation Act 2001. Whether there was a proper basis to conclude the Appellant met the requirements for vocational independence. Outcome: appeal allowed.
Deemed decision – s 146, Accident Compensation Act 2001. Whether reviewer is deemed to have made decision in favour of appellant, in terms of s 146 of the Act, on basis the date for hearing was not set within three months after the review application received by the Corporation. Review application received 19 December 2019 and review hearing set down on 20 March 2020, deemed provision of s 146 did not apply. Outcome: appeal dismissed.
Claim for costs, relating to an appeal under the Accident Compensation Act 2001. Whether costs, and what amount, should be awarded to the advocate for the appellant. The Court is required to exercise its discretion in terms of the District Court Rules on costs. Outcome: advocate is awarded costs calculated on a 1A basis, with 50 per cent deduction, plus identified disbursement.
Personal injury s 20 Accident Compensation Act 2001. Appeal against a decision to decline cover for an injury. Whether injury was caused by an accident or an underlying genetic pre-disposition. Outcome: appeal dismissed.
Suspension of entitlements – s 117(1), Accident Compensation Act 2001. Whether Corporation’s decision suspending entitlements for appellant’s covered lumbar spine injury was correct. Corporation had sufficient basis to be not satisfied appellant was entitled to continue to receive an entitlement. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether appellant has established the interests of justice require the exercise of the Court’s discretion to sustain the application for leave to file an appeal out of time. Outcome: leave to appeal out of time granted.
Suspension of Entitlements; s 117 Accident Compensation Act. Appeal challenging decision of the Corporation which suspended entitlements in respect of a covered lumbar sprain caused by an accident. Whether the suspension decision was correct; whether there was sufficient evidence to be satisfied appellant’s ongoing condition was no longer causally linked to the 2017 accident; and whether the L3/4 protusion had resolved and was no longer the cause of symptoms at the date of the suspension decision. Given the nature of the covered injury and ongoing symptoms the Corporation had insufficient basis to not be satisfied appellant was entitled to ongoing entitlements at date suspension made. Outcome: appeal allowed.
Treatment injury s 32 Accident Compensation Act 2001. Whether the Respondent correctly declined the Appellant's claim for cover under a treatment injury claim. On balance of probabilities, the Appellant failed to prove a causal relationship between an alleged accident, chiropractic manipution and the lesion that required surgery. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. District Court decision suspended the Applicant's weekly compensation on the basis that he had vocational independence. Applicant failed to point to any medical evidence or opinion that he was not vocationally independent. Outcome: Appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Declined compensation. Whether interests of justice required the exercise of discretion to consider the appellant's application for leave to file her appeal out of time. Outcome: appeal dismissed.
Meaning of Decision, s 6 Accident Compensation Act 2001. Appeal challenging review decision determining letters from Corporation on five separate occasions were not reviewable decisions. Whether a decision has been made under s Accident Compensation Act 2001. Letters issued were administrative and not capable of being reviewed, not decisions under s 6 of the Act. Outcome: appeal dismissed.
Claim for Cover and Entitlements, pt 3 Accident Compensation Act 2001. Appeal of decision declining claim for cover for joint septic arthritis and entitlement to weekly compensation. Whether joint septic arthritis should be covered on basis: [i] it was caused by accident; or [ii] it was caused by a gradual process, disease or infection consequential on personal injury suffered by Appellant for which he has cover. Whether Appellant is entitled to weekly compensation. Whether Corporation’s decision dated 19 December 2019 was correct. Outcome: appeal dismissed.
Personal Injury/Causation s 20 – Accident Compensation Act 2001. Appeal against two decisions declining cover for surgery and declining weekly compensation for tendon injury. Whether accident caused tendon injury that required surgery. Whether incapacity due to accident. Outcome: appeal dismissed.
Leave to appeal to the High Court out of time against a review decision. Appellant failed to establish the interests of justice required the exercise of the Court's discretion to sustain his leave to appeal out of time. Outcome: appeal dismissed.
Leave to appeal. Application for leave to appeal. Whether the Respondent should be granted cover for a mental injury due to a physical injury. Sufficient grounds to sustain the Applicant's application for leave to appeal. Outcome: application granted.
Social Rehabilitation ss 81, 82 and 84 Accident Compensation Act 2001. Appeal against assessment of social rehabilitation. Whether the Respondent's decision to decrease funding should stand. Outcome: appeal dismissed.
Leave to appeal out of time against a review decision. Appellant established interests of justice required the exercise of the Court's discretion. Delay due to an undertstandable error or inadvertence. Outcome: appeal allowed.
Leave to appeal on a question of law against a review decision. Appellant did not establish sufficient grounds to sustain application for leave to appeal. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
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.