30 Sept 2015
The appeal is dismissed because the claimant intentionally refused a reasonable assessment in 2001, there is no evidence his later-covered mental conditions impaired his capacity to make that decision at the time, and the threshold of 'exceptional circumstances' under s117(3B) was not met so backdating of weekly compensation was not warranted.
23 Feb 2006
The Reviewer’s confirmation of contracted provider rates was correct on the evidence before the court and AI 585/04 is dismissed; however the 5 January 2005 allocation of attendant care hours was set aside because ACC relied on an assessment that failed to address a crucial consideration (practical rostering to meet Level 2 needs), therefore the prior arrangement of 12 hours at the Level 2 rate remains effective until an adequate reassessment; ACC must calculate back payments and claimant is entitled to reasonable disbursements.
6 Apr 2004
The court held the 30% whole person impairment assessment was made in accordance with the statutory requirements (using the AMA Guides), there was no contradictory medical evidence or compelling reason to find the assessment flawed, and therefore the review decision upholding the assessment must stand; entitlement to an independence allowance is limited to the date of lodgement of the claim pursuant to Clause 63.
8 Dec 2003
The court held that re-assessments take effect from the next quarterly payment following completion of the re-assessment under both the 1992 and 1998 statutory schemes; the appellant’s 2002 increase could not be backdated to 1994 and the appeal was dismissed.
27 Mar 2003
The application for leave is granted because the scope and effect of s.116—specifically whether suspension/decline can permanently extinguish entitlements or only temporarily withhold them pending compliance, and whether backdating is required—constitutes a question of law that should be determined by the High Court.