Big Glory Seafoods v Accident Rehabilitation and Compensation Insurance Corporation

IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 163 /98 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN BIG GLORY SEAFOODS of Bluff Appellant (Appeal No. DCA 382/97) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT The appellant has applied for leave to appeal against the decision of this Court issued on 5 May 1998 under number 90/98. The decision involved the appellant's employee, Malcolm Wayne Leigh. Leigh, in an act of bravado in front of workmates, punched a freezer door as a result of which he injured his hand. The issue before the Court was whether Leigh had wilfully self-inflicted personal injury on himself in the course of his employment so as to be disentitled for cover under section 81 of the Act. Judge Beattie held that section 81 did not apply and that Leigh did suffer personal injury arising out of and in the course of his employment. The appellant submits that Judge Beattie erred in law in that: (a) he found that Leigh's action in deliberately punching the freezer door amounted to a "work injury"; and 2 (b) that because he found that the fact that Leigh deliberately punched the freezer door did not exclude him from cover pursuant to section 81. The respondent concedes that there is a question of law involved in the first ground of appeal but that it opposes the application in respect of the second ground of appeal on the basis that that ground has no reasonable prospect of success I consider that the decision of Judge Beattie involved the correct interpretation of what constituted a wilfully self-inflicted injury pursuant to section 81 and what constitutes a work injury in those circumstances. Accordingly, I consider that there are questions of law upon which should be the subject of a determination by the High Court. The application for leave to apply to the High court is therefore granted. DATED at WELLINGTON this 22 day of July 1998 A W Middleton District Court Judge dc382-97.doc (nr)