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Work-related injury - leave to appeal to the High Court under s 162 Accident Compensation Act 2001. Whether a deemed decision should have been made. Whether cover for a work-related injury should have been awarded. Whether costs should have been awarded. Bona fide question of law that is seriously arguable not established. Outcome: deemed decision dismissed; all questions of law raised dismissed; costs reserved.
Abuse of process; Res judicata; Issue estoppel. Appeal against a decision rejecting a claim. Case amounts to abuse of process, not necessary to reach conclusion on res judicata and issue estoppel. Outcome: appeal dimissed.
Section 51 Abatement of Weekly Compensation; Section 14 Earnings as a Self Employed Person; Recovery of Payments made by the Corporation - Accident Compensation Act 2001. Whether decision determining that appellant had been overpaid weekly compensation based on derived income was correct. Outcome: appeal dismissed.
Work Related Gradual Process Injury – s 30 Accident Compensation Act 2001. Appeal of decision declining cover for a work-related gradual process injury. Whether it is more likely than not, for the purposes of s 30(2)(c)(i) the risk of suffering the personal injury is significantly greater for persons who perform the employment task than for persons who do not perform it. Outcome: appeal dismissed.
Lump sum compensation cl 54 Sch 1 Accident Compensation Act 2001. The claimant being alive at the time of an assessment of whole person impairment is an essential prerequisite to an entitlement to lump sum compensation. No discretionary relief for unfortunate cases. Outcome: appeal dismissed.
Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for claimed treatment injuries. Outcome: appeal dismissed.
Suspension of entitlements s 117 Accident Compensation Act 2001. Whether the appellant's injury was cause by pre-existing degeneration or by the covered injury. Outcome: appeal dismissed.
Vocational independence ss 107-113 Accident Compensation Act 2001. Conduct of review hearing via Zoom s 140. Whether the appellant had achieved vocational independence in a number of job options. Whether the hearing time and place was agreed to by all the parties. Outcome: appeal dismissed.
Incapacity for Work s 103 Accident Compensation Act 2001. Declined weekly compensation. Whether the respondent could confirm appellant's incapacity on or prior to his last day of being an earner. Outcome: appeal allowed.
Leave to appeal to the High Court on a question of law. No question of law identifed. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. Proposed question of law did not arise from the decision which was based on a factual determination. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No question of law arose. Outcome: appeal dismissed.
Costs. Whether costs fall under category 2 or category 3. Outcome: Court found it is a category 2 case; order for disbursements based on expert’s fee capped.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. Declined cover for mental injury/mental consequences in relation to an accident. Findings of fact meant point of law capable of bona fide and serious argument moot in the circumstances. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. Nothing further for the Court to do in respect of this matter. Outcome: appeal dismissed.
Causation, Injury or gradual process. Appeal against declined cover for injury and declined funding for surgery. Whether injury was caused by an accident or a gradual process. Outcome: appeal allowed.
Treatment injury s 20(2)(d) Accident Compensation Act 2001. Appeal against decision to decline cover for further consequential injury. Outcome: appeal allowed.
Earnings as a shareholder-employer s 15 Accident Compensation Act 2001. Whether reasonable remuneration for the appellant would be at the full-time minimum rate. Section 15(3) assessment should be interpreted to focus on the reasonable services a person provides and be judged objectively. Outcome: appeal allowed.
Leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. No question of law capable of a bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court on question of law. No question of law identified capable of bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No question of law arose. Outcome: appeal dismissed.
Causation. Appeals regarding decision suspending appellant’s entitlements and decision declining to pay for surgery. Whether appellant’s injuries were causative of his condition requiring surgery. Outcome: appeals allowed.
Application for leave to appeal to the High Court on a question of law under s 162 Accident Compensation Act 2001. No question of law established. Outcome: leave to appeal declined.
Leave to appeal to the High Court on a question of law. No question of law arose requiring determination. Outcome: appeal dismissed.
Leave to appeal to the High Court on a question of law. No question of law identified. Outcome: appeal dismissed.