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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.
Treatment injury ss 26(1)(c), 32 and 33 Accident Compensation Act 2001. Appeal of decision by ACC declining cover for a treatment injury. Outcome: appeal dismissed.
Suspension of entitlements s 117 Accident Compensation Act 2001. Whether Corporation entitled to suspend appellant's weekly compensation payments during period of non-complicance with required assessments. Outcome: appeal dismissed.
Incapacity for work s 103(2) Accident Compensation Act 2001. Whether the appellant was incapacitated for his pre-injury employment. Outcome: appeal allowed.
Suspension of Entitlement s 117 Accident Compensation Act 2001. Claim for mental injury related to back injury. Provided an altered medical report. Outcome: appeal dismissed. Breach of duty to keep the Corporation informed about his condition.
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.
Vocational Independence, s 70 Accident Compensation Act 2001. Lumbar sprain. Outcome: vocational independence satisfactorily established. Appeal dismissed.
Weekly Compensation s 100(3) Accident Compensation Act 2001. Injuries as a result of a motor accident. Claim for weekly compensation declined by ACC. Outcome: appeal dismissed.
Vocational independence and ss 107-112 Accident Compensation Act 2001. Right wrist injury. Weekly compensation ceased. Outcome: decision of reviewer upheld amd appeal dismissed.
Individual rehabilitation plan, sections 75, 77 and Schedule 1, clause 8, Accident Compensation Act 2001. Gradual process injury. Appeal from decision of a reviewer. Outcome: appeal dismissed.
Decline of cover for a spinal injury as a work-related gradual process injury and s 30(2) Accident Compensation Act 2001. Appeal from decision of a reviewer. Outcome: appeal dismissed.
Entitlement to weekly compensation - s 103(2) Accident Compensation Act 2001. Appeal from the decision of a reviewer. The reviewer dismissed an application for review. Outcome: appeal dismissed.
Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001. Whether interests of justice required exercise of Court’s discretion to sustain application for leave to file appeal out of time. Issues raised in appeal were of historic significance, relating to investigation under Code of Complaints completed over six years ago. Court not appropriate forum to hear appeal against Code of Complaints decisions. Outcome: application dismissed.
Work related gradual process injury - s 30 Accident Compensation Act 2001. Whether decision declining cover for spinal injury as a work related gradual process injury was correct. More probable than not that spine injury was caused by work activity. Outcome: appeal allowed.
Treatment Injury, s 32, Causation, Accident Compensation Act 2001. Whether appellant suffered physical injury by orthodontic treatment. Evidence means that can find there to be a physical injury for purpose of s 26. Outcome: appeal allowed, decision declining cover for dental treatment injury reversed.
Cover issues, suspension of entitlements - s 117 and Part 3 Accident Compensation Act 2001. Appellant appeals against decision to decline cover for tear. Appellant appeals against suspension of entitlements. Tear not considered to be included under covered injury. Suspension decision was correct in light of the evidence. Outcome: appeal dismissed.
Recovery of overpayment, s 251 Accident Compensation Act 2001. Appeal concerning whether ACC entitled to recover the accepted overpayment of weekly compensation. Inparticular, whether the overpayment: (i) received is as result of an error; (ii) was not intentionally contributed to by the appellant; (iii) was received by the appellant in good faith; and (iv) did the appellant alter his position in reliance on the validity of the payment that it would be inequitable to require repayment. Outcome: appeal allowed.
Work Related Gradual Process Injury - s 30 Accident Compensation Act 2001. Whether work task caused or contributed to the cause of the appellant's personal injury. Whether appellant's work tasks led to significantly greater risk of personal injury. Outcome: appeal allowed. Sufficient evidence appellant meets elements of s 30 to establish personal injury is caused by work related gradual process.
Appeal under s 149 of the Accident Compensation Act 2001. Respondent reconsidering the question of cover on basis of new information so present appeal is moot and parties agree it may be dismissed with consent. Outcome: appeal dismissed.
Unreasonable delay/funding/costs s 67 Accident Compensation Act 2001, Clause 4 Schedule 1 Accident Compensation Act 2001. Appeal from review decision relating to alleged unreasonable delays by ACC in issuing entitlement decisions. Appeal from review relating to claim for reimbursment of a range of costs. Appeal from concussion treatment decision in which ACC advised the appellant it was unable to help with the costs of attending a concussion clinic. Outcome: appeals dismissed.