Blackmore v Accident Rehabilitation and Compensation Insurance Corporation

IN THE DISTRICT COURT Decision No. 137 197 HELD AT CHRISTCHURCH IN THE MATTER of The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an Appeal pursuant to Section 91 of the Act BETWEEN GLENDA MAXINE BLACKMORE Appellant (Appeal No. DCA 40/96) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION Respondent HEARD on the 25th day of June 1997 APPEARANCES K S Tifaga for appellant R Irving for respondent No appearance for employer Canterbury Health Limited DECISION OF JUDGE D A ONGLEY This is an application for costs on an appeal being allowed unopposed. The appeal related to an occupational overuse strain injury suffered by a worker employed by Christchurch hospital in the tray service area where her work task involved repetitive wrist and arm movements. The respondent and the employer have now accepted that the claim for cover satisfies the requirements of s 7 of the Accident Rehabilitation and Compensation Insurance Act 1992 as a gradual process work injury. After the review hearing, the appellant obtained a medical opinion of Prof. W. Glass supporting the appellant's claim. Counsel for the Corporation advised that the claim should be accepted, but that position was not conveyed to counsel for the appellant until counsel had also conferred with the employer's representative. Counsel for the appellant was not informed that the appeal was unopposed until a few days before the hearing date. She had therefore completed almost full preparation for the hearing - 2 - Appellant's counsel refers to costs exceeding $5.000 actually incurred in the conduct of the appeal, as well as a medical report fee of $315. Costs are customarily awarded in a range of $600 to $800 depending on the complexity of an appeal. An award of $800 is common and there is no reason why higher costs should not be awarded in appropriate cases. In this case the issues were not difficult. The medical information obtained by appellant's counsel was helpful and may have been decisive. The fact that the appeal eventually did not have to be argued would ordinarily warrant a reduction in costs, but it might be reasonable not to apply a reduction in this case because the case had been thoroughly prepared and the appellant's representations appear to have avoided the need for argument Canterbury Health Limited notified the Court that it wished to be represented as a party to the appeal as it has an interest in determination of the work injury question. It is therefore an opposing party although not named in the proceedings. The appellant will have costs of $800 and disbursents claimed of $31.22. Those costs and disbursements will be payable jointly by the Corporation and Canterbury Health Limited. The medical report cost of $390 would usully be paid by the Corporation if the report has been used in determination of the question on appeal. Payment is ordered, in case there is any question. The appeal is allowed unopposed. DATED at WELLINGTON this 4th day of July 1997 My. D A Ongley District Court Judge ....