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Personal injury ss 20, 30 and 67 Accident Compensation Act 2001. Rehearing of an appeal for claim for personal injury which meets the requirements for a gradual process work injury was not genuinely assessed. Outcome: Appellant appeal allowed and case referred back to ACC. Deemed decision appeal on behalf of ACC dismissed.
Application to recall decision under the Accident Compensation Act 2001. Whether the District Court has the jurisdiction to recall the decision. Outcome: dismissed.
Work related mental injury s 21B Accident Compensation Act 2001. Whether the appellant was an 'earner' at the time of her mental injury. Outcome: appeal allowed.
Treatment Injury s 26 Accident Compensation Act 2001. Appeal of review decision regarding whether there was sufficient evidence to find there had been a treatment injury during the birth process. Review decision incorrect and quashed. ACC directed to provide appellant with cover for cerebral palsy and other related injuries at birth. Outcome: appeal allowed.
Appeal under s 149 of the Accident Compensation Act 2001. Whether Applicant should have cover for his back pain. Outcome: appeal allowed.
Cover under former Acts s 360 Accident Compensation Act 2001. Whether appellant is able to claim accident compensation cover under former Acts where claim filed after 1 April 2002, and where injury occured outside New Zealand. Outcome: appeal dismissed.
Personal injury - s 26(2) Accident Compensation Act 2001. Appeal against declined personal injury claim. Whether condition requiring surgery was caused by accident or a pre-existing condition. Not proven that there was a causal link between injury caused by accident and condition requiring surgery. Condition substantially caused by a gradual process or disease. Outcome: appeal dismissed.
Personal Injury s 26 Accident Compensation Act 2001. Whether Reviewer was correct to dismiss an application for review declining the appellant's claim for personal injury; whether the appellant's condition requiring surgery was the result of an accident or a pre-existing disease. Outcome: appeal dismissed.
Personal injury, Causation – s 26 Accident Compensation Act 2001. Appeal regarding two decisions; one suspending entitlements on the basis that the appellant’s ongoing symptoms no longer causally related to an injury and second declining surgery on the basis the need did not arise as result of an injury. Outcome: allowed in part. Appeal relating to need for surgery allowed; appeal relating to entitlements dismissed.
Treatment injury – ss 20(2)(b); 32(1), (2) and (3); and 33 Accident Compensation Act 2001. Appeal against declined claims for cover for a treatment injury for peritoneal adhesions and for a treatment injury for peritoneal adhesions resulting in bowel obstruction caused by delayed diagnosis. Outcome: appeals allowed. Decisions declining cover reversed.
Claim for regained entitlement to weekly compensation following assessment of vocational independence – ss 109 and 113 Accident Compensation Act 2001. Whether date of reinstatement of weekly compensation was incorrectly fixed and should have started at an earlier date. Outcome: appeal allowed.
Appeal against a review decision under s 149 Accident Compensation Act 2001. Whether review decision was wrong; whether review decision should have been one quashing ACC’s decision and granting cover. No fault in fact or law by Reviewer. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether correctly declined cover for a treatment injury, said to have been caused by treatment. Outcome: appeal allowed.
Lump sum compensation - clauses 54-59 of Schedule 1 Accident Compensation Act 2001. Appeal against decision regarding assessment of lump sum compensation for permanent impairment. Whether assessment was flawed. No expert evidence identified assessment was flawed or incorrect. Outcome: appeal dismissed.
Vocational independence - ss 6 and 107 Accident Compensation Act 2001. Shoulder sprain. Whether the appellant had achieved vocational independence. Failed to prove that assessment of vocational independence was wrong. Outcome: decision of reviewer upheld and appeal dismissed.
Treatment injury. Appeal against decision to decline cover for treatment injury. Outcome: appeal dismissed.
Treatment Injury s 20 Accident Compensation Act 2001. Appeal against decision to decline cover for a treatment injury. Whether injury was related to an earlier operation, or any other treatment since the appellant had first developed problems in his arm. Outcome: appeal allowed.
Interest on backdated payments s 114 Accident Compensation Act 2021. Whether decision declining appellant interest on a payment of backdated weekly compensation is correct. Outcome: appeal dismissed.
Leave to appeal s 162 Accident Compensation Act 2001. Outcome: appeal dismissed.
Vocational Independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. Outcome: appeal dismissed.
Costs decision. Outcome: appellant awarded costs of $1,500.00 for attendance of counsel at judicial telephone conferences; $1,068.00 for attendance of non-lawyer advocate at judicial telephone conferences
Reimbursement of Social Security Payments s 252 Accident Compensation Act 2001. Whether the Corporation was correct to reimburse WINZ a portion of the appellant's backdated weekly compensation. Outcome: appeal dismissed.
Jurisdiction s 6; Eligibility for lump sum compensation cl 57 sch 1 Accident Compensation Act 2001. Whether the Reviewer was correct to dismiss the appellant's review application for want of jurisdiction; whether the Corporation recieved a certificate from a medical practitioner indicating the appellant is suffering permanent impairment resulting from a personal injury. Both appeals dismissed.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001.Whether the Judge erred in finding ACC compliant with the legislative s 107 of the Act allowing ACC to determine vocational guidance and s 108 how it is to be determined in accordance with the Act and applicable law. Whether the Judge erred in applying settled law. Bona fide question of law that is seriously arguable not established. Outcome: leave to appeal declined.
Appeal under s 149 of the Accident Compensation Act 2001. Review decision regarding paying for treatment where the medical practioner was not registered with the Medical Council of New Zealand. Outcome: appeal dismissed.