New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Attendant care entitlements

Legal area

Court

7 May 2015

Morgan v Accident Compensation Corporation

Citation

[2015] NZACC 106
Court

District Court

The Court held ACC's decision was reasonable and lawful: the assessor's findings accurately reflected the claimant's needs at the time, ACC properly applied Schedule 1 clause 14 by taking into account the household environment and availability of family carers (thus justifying limited funded overnight care), and there was no clear specialist evidence to overturn the assessment; therefore the appeal must be dismissed.
30 Apr 2014

Cooper-Kake v Accident Compensation Corporation

Citation

[2014] NZACC 105
Court

District Court

The appeal was allowed in respect of the Corporation's 28 July 2009 determination, and the appellant is entitled to payment of backdated attendant care hours for the specified periods (except when a hospital inpatient); leave to withdraw the appeal against the 21 April 2009 review decision was granted; costs follow the successful appeal and the parties were ordered to agree a reasonable sum to be paid (including disbursements) direct to John Miller Law.
22 Nov 2010

Keall v Accident Compensation Corporation

Citation

[2010] NZACC 210
Court

District Court

The Court accepted counsel's unreserved admission that his office failed to lodge the review, which satisfied s135(3)(b) as an extenuating circumstance, and therefore granted an extension of time to the date the application was lodged and ordered a review hearing of the substantive decision.