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Entitlement to an independence allowance, pt 4, sch 1 of the Accident Insurance Act 1998, subject to the modifications in s 377 of the Accident Compensation Act 2001. Whether the respondent’s decision to decline cover on the basis the appellant failed to undergo an assessment with a Corporation appointed assessor was correct. Appellant failed to show on the balance of probabilities the respondent’s decision was wrong. Outcome: appeal dismissed.
Work related gradual process injury - s 30 Accident Compensation Act 2001. Whether there is sufficient evidence to establish causal connection required by s 30(2)(b) of the Act. Insufficient evidence to conclude appellant’s work tasks caused or contributed to the cause of his injury. Outcome: appeal dismissed.
Application for leave to appeal. Whether the Court erred in: adopting the wrong test to determine social rehabilitation for multiple physical injury entitlements; failing to apply the legal test to social rehabilitation entitlements; and failing to apply proof of causation on balance of probabilities. Appellant has not established sufficient grounds to sustain application for leave to appeal. Outcome: leave to appeal declined.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No point of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Whether the respondent correctly declined the appellant's claim for cover for a treatment injury. Outcome: appeal dismissed.
Mental injury s 26(1)(c) Accident Compensation Act 2001. Appeal against declined cover for mental injuries under a treatment injury claim.Outcome: appeal allowed.
Weekly compensation s 67 Accident Compensation Act 2001. Declined weekly compensation. Whether there was evidence to establish that the condition, for which the appellant claimed compensation, was caused by covered personal injuries. Outcome: appeal dismissed.
Claim for cover for personal injury, revocation of cover and suspension of entitlements – ss 26, 65 and 117 Accident Compensation Act 2001. Appeal of decision dismissing review of decisions declining surgery funding; revoking cover and suspending entitlements. Whether pathology in appellant’s right ankle was caused by accident as opposed to pre-existing arthritis. Outcome: appeal dismissed.
Work-related gradual process injury - s 30 Accident Compensation Act 2001. Appeal against decision to decline cover. Outcome: appeal allowed.
Causation, Entitlement to surgery s 67 and Schedule 1 Accident Compensation Act 2001. Appeal against decision declining to fund surgery. Outcome: appeal dismissed.
Revocation of cover for personal injury – s 65, Accident Compensation Act 2001. Whether the Corporation was correct to revoke cover for a right-ankle fracture. Outcome: appeal dismissed.
Weekly compensation ss 67 and 117(1) Accident Compensation Act 2001. Suspension of weekly compensation. Whether the respondent correctly suspended the appellant's entitlement to weeky compensation on the grounds that his current conditions were no longer the result of a personal injury. Outcome: appeal dismissed.
Claim for weekly compensation – s 103(2), Accident Compensation Act 2001. Whether there is sufficient evidence to establish the Appellant’s retrospective work incapacity dates back to the time when he ceased work. Appellant failed to discharge the onus he was unable, because of personal his injury, to engage in employment in which he was employed when he suffered his personal injury. Outcome: appeal dismissed.
Application for recall of judgment. Whether counsel neglected to direct the Court’s attention to a statute, regulation or judicial decision of plain relevance; and where for some other special reason justice requires the judgment to be recalled. Outcome: application for recall dismissed.
Claim for funding for social rehabilitation – s 81, Accident Corporation Act 2001. Whether the Corporation exercised its discretion appropriately in reaching its decisions on home help and attendant care for the appellant. Outcome: appeal dismissed.
Adequacy of evidence of accident causing injury; late claim s 53(3)(a) Accident Compensation Act 2001. Appeal of two decisions of the ACC: (a) - ACR278/18, declining cover for a sprain of the right ankle; and (b) - ACR250/20, declining cover for a right foot sprain. Outcome: appeals dismissed.
Independence Allowance, s 69(1)(d), cl 54, sch 1 - Accident Compensation Act 2001. Appeal challenging a decision declining entitlement to an independence allowance on the basis the level of impairment was less than the minimum level required. Outcome: appeal dismissed.
Weekly compensation s 103(2) Accident Compensation Act 2001. Declined weekly compensation. Whether the appellant was unable to engage in employment in which he was employed when he suffered his personal injury. Outcome: appeal dismissed.
Incapacity for Work s 103 Accident Compensation Act 2001. Declined weekly compensation. Whether appellant was incapacitated at the time of her resignation because of one of her covered injuries. Outcome: appeal allowed.
Costs decision. Outcome: appellant's non-lawyer advocate awarded costs on a 1B basis, with a 50 per cent deduction.
Costs decision. Outcome: appellant ordered to pay costs of $1,910.
Causation, Weekly compensation s 67 Accident Compensation Act 2001. Weekly compensation declined. Evidence indicated causation proven between accident and injury requiring cover. Outcome: appeal allowed.
Section 64 Notice of Claim Decision - Accident Compensation Act 2001. Appeal regarding decision granting cover to appellant for a treatment injury the effect of which failed to restart weekly compensation which was suspended in an earlier decision on another claim. Outcome: appeal dismissed.
Causation, Personal injury s 20 Accident Compensation Act 2001. Cover for injury declined. Whether there was sufficient evidence to support a causal relationship between the appellant's diagnosis and his accidents. Outcome: appeal allowed.