Accident Compensation Corporation v Kingi

Accident Compensation Corporation v Kingi

The Court held that the post‑traumatic osteoarthritis was a separate personal injury under s20(2)(g) and, on the facts, manifested in April 2009; the correct date of that consequential injury is the date it became manifest and incapacitating (April 2009), so Mr Kingi was an earner at the time of that incapacity and entitled to cover and to be considered for weekly compensation from that date; while a formal claim may often be required, on these facts the Corporation should recognise cover effective from the April 2009 incapacity certification (no later than the May 2009 ARTP).

Citation
[2012] NZACC 351
Parties
Appellant (acr 798/10); Respondent (acr 822/10): Accident Compensation Corporation; Respondent (acr 798/10); Appellant (acr 822/10): Anthony Kingi
Court
District Court
Jurisdiction
New Zealand
Judgment Date
26 October 2012
Procedural Posture
Appeals Under Section 149 of the Accident Compensation Act 2001 / District Court Hearing and Judgment (decision Delivered 26 October 2012)
Outcome
Appeals resolved for Anthony Kingi: post‑traumatic osteoarthritis recognised as a separate personal injury under s20(2)(g) manifesting April 2009; cover effective from incapacity certification in April 2009 (and no later than May 2009 ARTP).
Legal Topics
Consequential Injury, Weekly Compensation, Cover Under S20(2)(g), Date of Injury, Earner Status, Jurisdiction to Determine Cover, Procedural Requirements for Claims
Accident Compensation Administrative Law Statutory Interpretation Personal Injury Law Consequential Injury Weekly Compensation Cover Under S20(2)(g) Date of Injury +3 more

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Parties

Accident Compensation Corporation

Appellant (acr 798/10); Respondent (acr 822/10)

Anthony Kingi

Respondent (acr 798/10); Appellant (acr 822/10)

Procedural Posture

Appeals Under Section 149 of the Accident Compensation Act 2001 / District Court Hearing and Judgment (decision Delivered 26 October 2012)

Legal Issues

  1. 1 Whether post‑traumatic osteoarthritis constitutes a separate personal injury under s20(2)(g) of the Accident Compensation Act 2001
  2. 2 What is the correct date of injury for a consequent gradual process/disease under s20(2)(g)
  3. 3 Whether entitlement to weekly compensation depends on earner status at the time of the original injury or at the time the consequential injury manifests

Ratio Decidendi

The Court held that the post‑traumatic osteoarthritis was a separate personal injury under s20(2)(g) and, on the facts, manifested in April 2009; the correct date of that consequential injury is the date it became manifest and incapacitating (April 2009), so Mr Kingi was an earner at the time of that incapacity and entitled to cover and to be considered for weekly compensation from that date; while a formal claim may often be required, on these facts the Corporation should recognise cover effective from the April 2009 incapacity certification (no later than the May 2009 ARTP).

Court Disposition

Appeals resolved for Anthony Kingi: post‑traumatic osteoarthritis recognised as a separate personal injury under s20(2)(g) manifesting April 2009; cover effective from incapacity certification in April 2009 (and no later than May 2009 ARTP).

Orders

  • Declare that Mr Kingi suffered a consequential personal injury (post‑traumatic osteoarthritis) manifest April 2009 and that he has cover under s20(2)(g) from that date
  • Direct the Corporation to investigate and determine entitlements arising from that cover and to ensure Mr Kingi receives all entitlements missed since April/May 2009, including weekly compensation where payable