New Zealand Case Law: Decisions & Judgments

Topic

Backdated weekly compensation

Legal area

Court

27 Jan 2017

Manapori v Accident Compensation Corporation

Citation

[2017] NZACC 7
Court

District Court

The Court held ACC should have obtained and assessed the surgeon's operation notes shortly after the 26 November 2004 operation; the appellant was not responsible for ACC's lack of the notes and therefore should not be penalised. ACC had all necessary information by 23 December 2004 and s114 interest is payable from one month thereafter; accordingly the 22 July 2015 decision is modified to substitute 23 December 2004 for 16 September 2010 and the interest figure is to be amended consequentially.
18 Aug 2016

F v Accident Compensation Corporation

Citation

[2016] NZACC 228
Court

District Court

The Court dismissed the appeals: (1) no entitlement to a computer or training because no injury-related need or formal assessment under social rehabilitation provisions was established; (2) backdated weekly compensation was not proved because the evidence failed to meet the required cogent and precise standard to establish incapacity for pre-injury employment under s103(2); (3) photophobia was not shown on the balance of probabilities to be causally linked to the 1989 accident and cover for it therefore fails under Ambros causation principles.
20 May 2016

Auimatagi v Accident Compensation Corporation

Citation

[2016] NZACC 142
Court

District Court

The 8 February 2013 letter was not a new reviewable decision under s6 but a confirmation of the status quo; the entitlement dispute had been finally dealt with by earlier reviews and an out of court settlement in 1998 so the matter was res judicata and could not be reopened on appeal; accordingly the appeal was dismissed.
18 Dec 2015

Kingi-Kelso v Accident Compensation Corporation

Citation

[2015] NZACC 398
Court

District Court

The contemporaneous medical certificate of 10 August 2010, supported by specialist opinion and the appellant's ability to compete at high-level weightlifting shortly before assessment, established on the balance of probabilities that the appellant was not incapacitated for his pre-injury employment; retrospective backdated certificates issued 14 months later lacked contemporaneous support and credible explanation and therefore could not establish entitlement to backdated weekly compensation, so the decision declining compensation was correct.
26 Aug 2015

Notman v Accident Compensation Corporation

Citation

[2015] NZACC 237
Court

District Court

Determination of backdated earnings related compensation for periods prior to 1 July 1992 must be made by applying the 1972/1982 Acts as preserved by s391 of the 2001 Act; accordingly jurisdiction for those substantive questions lies with the Accident Compensation Appeal Authority, while questions of continuation after that date may fall to the District Court.
28 Nov 2013

Notman v Accident Compensation Corporation

Citation

[2013] NZACC 397
Court

District Court

The assessor Dr Collier's WPI assessment was properly conducted by an approved assessor using prescribed guides and peer-reviewed; Dr Newburn's contrary psychiatric opinion did not establish a material error in that assessment because it was unsupported or incorrectly applied and subsequent psychiatric reports corroborated Collier; there is sufficient evidence on the balance of probabilities that an earlier lump sum of $560 was paid and the mandatory statutory deduction (8%) must be applied to the combined WPI; accordingly the appeal against refusal of independence allowance is dismissed. The…
20 Dec 2011

Jenkins v Accident Compensation Corporation

Citation

[2011] NZACC 373
Court

District Court

The appeal is dismissed because the substantive issue (lack of causative link between the February 1987 injury and the appellant's current condition) was already finally determined by this Court in Decision 289/99 (13 October 1999) and is therefore barred by res judicata; the appellant cannot relitigate the same issue to obtain backdated weekly compensation.
28 Jan 2011

Mackay v Accident Compensation Corporation

Citation

[2011] NZACC 28
Court

District Court

On the balance of probabilities the medical evidence established continued incapacity from the appellant's pre-injury occupation from the date of injury; ACC did not make a primary decision declining the claim on the ground of prejudice under s53, so the court allowed the appeal and required ACC to calculate and pay weekly compensation from the date of injury subject to abatement and refunds.
19 Nov 2010

Spotswood v Accident Compensation Corporation

Citation

[2010] NZACC 206
Court

District Court

The application to recall was refused because the new medical opinion did not overcome the central evidentiary deficiency — absence of contemporaneous, precise evidence proving uninterrupted incapacity when the appellant was an earner — and therefore did not meet the high threshold for recalling a judgment under Horowhenua County v Nash.
18 Dec 2008

Miller v Accident Compensation Corporation

Citation

[2008] NZACC 298
Court

District Court

The court held ACC did not have all necessary information under s72(1992) in 1993 because medical evidence remained ambiguous and further reports were required; material necessary to calculate and make payment (including WINZ refund information once the 1998 Act applied) was not finally available until 2000–2003, so interest under the applicable statutory provisions did not run from 1993; appeal dismissed.