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Claim for personal injury - ss 25-26, and suspension of entitlements – s 107 Accident Compensation Act 2001. Appellant declined cover for injury. Whether the Appellant's injury was caused by a gym accident or a pre-existing condition. Outcome: appeal dismissed
Claim for entitlement s 67 Accident Compensation Act 2001. Whether the Appellant's condition requiring surgery was caused by a covered injury suffered in an accident. Evidence did not establish that the Appellant's condition requiring surgery was caused by his covered injury suffered in an accident. Outcome: appeal dismissed.
Payment of levies by self-employed person - s 14 Accident Compensation Act 2001. Whether a self-employed person has a liability to pay ACC levies on self-employed earnings when that person is not ordinarily a resident in New Zealand and therefore not entitled to cover for any personal injury suffered outside of New Zealand during that period. Court does not consider it appropriate or necessary to add words linking eligibility under the Act with payment of a levy. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Appellant’s delay arose out of understandable inadvertence. Whether the 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.
Claims for personal injury – ss 25-26 and weekly compensation – s 103, Accident Compensation Act 2001. Whether ACC’s decision was correct to decline cover for the appellant’s rotator cuff injury. Whether ACC was correct to decline to pay weekly compensation. Outcome: appeals allowed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay arose from an error on part of the Appellant rather than a change of mind or indecision. Whether the interests of justice required the Court’s discretion to sustain the Appellant’s application for leave to file his appeal out of time. Outcome: appeal granted
Entitlements/Social Rehabilitation – Part 4 Accident Compensation Act 2001. Appeal of decision declining funding for a neck brace. Decision has been reversed, no grounds for anything further to occur. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Delay arose due to a filing error made by the Appellant’s advocate, which was not significant. Whether the interests of justice required the exercise of the Court’s discretion to consider 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. Appellant established the interests of justice require the exercise of the Court’s discretion to sustain her application for leave to file her appeal out of time. Outcome: appeal allowed.
Leave to appeal to the District Court on an error of law against a judgment. Appellant did not establish sufficient grounds to sustain the application for leave to appeal. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an inadvertent slip-up by one of the Appellant's legal representatives and was not significant. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file his appeal out of time. Outcome: appeal allowed.
Work related mental injury s 21B Accident Compensation Act 2001. Appeal against declined cover for a mental injury resulting from workplace bullying. Whether the circumstances of the Appellant’s claim met the criteria of s 21B. Outcome: appeal granted.
Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Court accepts that the delays arose out of error or inadvertence on the part of the Appellant’s advocate. Whether the interests of justice required the exercise of discretion to sustain her application for leave to file her appeals out of time. Outcome: appeal allowed.
Section 58 Deemed decision; Conciliation – delay, Accident Compensation Act 2001. Appeal against review dismissing two applications for review. Whether ACC delayed making a decision on appellant’s claim for entitled to weekly compensation. Whether ACC is deemed to have covered appellant’s injuries. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay arose out of an understandable error or inadvertence on the part of the Appellant's previous advocate. 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.
Calculation of weekly earnings – s 40 Accident Rehabilitation and Compensation Insurance Act 1992. Whether respondent’s decision on the calculation of the appellant’s entitlement to weekly compensation is correct. Specific focus on issue of whether earnings from 1995/1996 tax year should be included in calculations of weekly compensation payable to appellant following injury in 1997. Outcome: appeal dismissed.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an error and was not significant. 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 s 26 Accident Compensation Act 2001. Appellant declined cover for an injury. Whether the Appellant's injury was caused by a snowboarding accident or an underlying condition. Outcome: appeal dismissed.
Vocational independence. Whether the Respondent's decision that the Appellant had achieved vocational independence was correct. Outcome: appeal dismissed.
Leave to appeal. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Claim for lump sum payment and appointment of an assessor - s 127(3) and cl 58 of Sch 1 Accident Compensation Act 2001. Respondent's communication with Appellant related to administrative matters. Whether the Respondent's communication with the Appellant, advising him what steps were required for a whole person impairment assessment, constituted a decision that was subject to review. Outcome: appeal dismissed.
Vocational independence s 107(1) Accident Compensation Act 2001. Whether the Respondent correctly found that the Appellant had attained vocational independence. Outcome: appeal dismissed.
Suspension of entitlement s 117 Accident Compensation Act 2001. Whether the Respondent's decision declining cover was correct. Whether the decision to suspect the Appellant's weekly compensation was correct. Outcome: appeal dismissed.
Late filing of review application and costs – ss 135 and 148, claim regarding Code of Claimants’ Rights – s 140(3), deemed decisions – s 146, Accident Compensation Act 2001. Appeal of three review decisions. Whether Corporation correctly declined to accept the late filing of the applicant’s review application; if so, whether there is jurisdiction to consider the decision suspending entitlements; and whether the decision to award no costs was correct. Whether a Reviewer correctly held that there was no jurisdiction to entertain a review about a revoked decision, as it had been superseded by a later decision, and then awarded limited costs. Whether a Reviewer correctly dismissed the claim that there were two deemed decisions in the appellant’s favour. Outcome: appeals dismissed and review decisions upheld except in relation to the matter of costs and expenses of the 9 November 2020 decision.
Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay due to medical difficulties. Whether interests of justice required exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal granted.