Leave to appeal to the High Court on a question of law. Parties agreed that leave should be granted. Outcome: leave to appeal granted.
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Leave to appeal to the High Court on a question of law. Parties agreed that leave should be granted. Outcome: leave to appeal granted.
s 25 - Accident: s 26 - Personal Injury; Causation; Accident Compensation Act 2001. Respondent declined cover for lumbosacral discitis on grounds that there was no causal link between discitis and a covered accident. Outcome: appeal allowed.
Treatment Injury ss 26(1)(c) 32 and 33 Accident Compensation Act 2001. Overwhelming weight of evidence that there was no treatment injury. Outcome: appeal dismissed.
Causation; Deemed Decision s 48 Accident Compensation Act 2001. Appellant declined cover for disc herniation. Outcome: appeal dismissed.
Issue Estoppel; Causation s 26 Accident Compensation Act 2001. Appellant declined cover for regional pain syndrome. Outcome: appeal allowed.
Measurement of Hearing Loss - Personal Injury s 26(1A) Accident Compensation Act 2001. Appellant declined cover for work-related hearing loss on basis that loss was less than 6% threshold. Outcome: appeal allowed, cover granted.
Incapacity for Work s 103(1)(a) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant was considered to be an earner at the date of the accident. Outcome: appeal allowed.
Causation s 26 Accident Compensation Act 2001. Appellant declined funding for lumbar surgery. Outcome: appeal allowed.
Whole Person Impairment pt 4 sch 1 Accident Insurance Act 1998. No longer entitled to receive independence allowance because level of whole person impairment less than 10% threshold. Outcome: appeal dismissed.
Incapacity for Work s 103(2) Accident Compensation Act 2001. Declined weekly compensation. Whether appellant incapacitated for his pre-injury employment between those dates.Outcome: appeal allowed.
Costs decision. Outcome: appellant awarded $3,447.
Vocational Independence s 109 and s 113 Accident Compensation Act 2001. Determination of date on which appellant no longer had vocational independence. Outcome: appeal dismissed.
Leave to file cross appeal out of time s 149 of Accident Compensation Act 2001. Vocational independence. Outcome: leave granted.
Costs decision. Whether appellant should be ordered to pay costs where their conduct increased cost of appeal and appeal was without merit. Outcome: respondent awarded costs of $700.00.
Treatment injury s 32 Accident Compansation Act 2001. Whether the appellant suffered a personal injury metting the criterea under the Act. Whether the treatment caused the personal injury. Outcome: appeal dismissed.
Work-Related Gradual Process Injury ss 20(2)(e) and 26(1)(b) Accident Compensation Act 2001. Whether appellant suffered personal injury that was a work-related gradual process. Consideration of medical literature around myofascial pain. Outcome: appeal allowed.
Suspension of entitlement - Accident Compensation Act 2001. Appeal against decision suspending entitlements on the basis that condition was due to degenerative changes. Outcome: appeal dismissed.
Cover - Part 3 - Accident Compensation Act 2001. Appeal concerning challenge to a decision declining cover for an injury on the basis the appellant's condition was pre-existing and not a personal injury caused by accident. Outcome: appeal dismissed.
Causation s 20 Accident Compensation Act 2001. Corporation declined cover and elective surgery funding sought to treat it. Outcome: appeal allowed.
Earnings related compensation s 53 Accident Compensation Corporation Act 1982. Calculation of normal weekly earnings for backdated weekly compensation. Whether appellant seasonal worker or full time employee. Outcome: appeal allowed.
Vocational Independence, ss 107 - 110 Accident Compensation Act 2001. Appeal concerning correctness of decision determining the appellant to be vocationlly independent. Whether appellant was likely to achieve vocational independence, whether the VOIA and VIMA are flawed. Outcome: appeal dismissed.
Entitlement to Surgery – s 67 and sch 1 Accident Compensation Act 2001. Whether the current left ankle condition requiring surgery is causally linked to either of the two covered injuries; and whether the current left MTPJ condition requiring surgery is causally linked to either of the two covered injuries. Outcome: appeal dismissed
Claim for Cover for Personal Injury – ss 20 and 48 of the Accident Compensation Act 2001. Appeal challenging decision declining cover for an ulnar injury following an accident. Outcome: appeal dismissed.
Revision of Decisions – s 65 Accident Compensation Act 2001. Whether to allow an appeal to be brought out of time on three issues including suspended entitlements, declining cover for surgery and revoking deemed cover. Outcome: appeal allowed.
Occupation diseases – ss 30(3), 60 and sch 2 of the Accident Compensation Act 2001. Appeal challenging decision to deny claim for cover of entitlement to treatment and weekly compensation. Outcome: appeal dismissed.