29 Jul 2016
Because the Corporation's decisions declining cover for mental injury and suspending entitlements were made under the 2001 Act, the applicable transitional provisions (s354 for cover; ss363 and 365 for entitlements) apply and the dispute resolution scheme of the 2001 Act (including s391(4) and Part 5) confers jurisdiction on the District Court; accordingly leave to appeal is dismissed.
1 Apr 2016
The judge ruled that the appellant cannot proceed on grounds seeking to relitigate or rely on alleged injuries from the 2000 motor accident already determined against her in the 2003 review decision; the respondent’s preliminary submission is accepted and the appeal is limited to issues arising from the respondent’s relevant 2012 and 2013 decisions without reopening the 2003 finding; if the appellant wishes to revisit 2003 she must seek a late review.
3 Dec 2015
The court held s360 applies to this claim lodged in 2007 so both the 1982 and 2001 Act criteria must be satisfied; on the evidence the 2001 Act causation test (mental injury suffered because of physical injuries) was not established on the balance of probabilities, expert opinion relied on by ACC (Dr Gordon, Dr Walker, Dr Barry-Walsh) demonstrated the earlier acceptance relied on an inadequate psychiatric opinion (Dr Williams) and was therefore erroneous and properly revoked; accordingly the appeal is dismissed.
31 Aug 2015
Because no qualified medical practitioner diagnosed CRPS or a mental injury and the available medical records and expert opinions explained the pain by physical pathology, the Corporation's decision to decline cover and the reviewer’s upholding of that decision were correct and the appeal must be dismissed.
31 Aug 2015
On the balance of probabilities the contemporaneous and treating clinicians' evidence, particularly Dr Matthews' January 2010 assessment and supporting reports from Waitemata specialists and treating therapists, establish a causal link between the appellant's covered injuries (major depressive disorder and bulimia nervosa) and her incapacity for work since 2007; accordingly the review decision of 1 May 2014 and the Corporation's decision of 8 August 2013 are quashed and the appellant is entitled to weekly compensation.
27 Feb 2015
The appeal was dismissed for want of jurisdiction because the Corporation issued a subsequent decision on 28 February 2013 granting cover for BPD which overtook and rendered moot the earlier October 2012 primary decision and the Reviewer’s February 2013 decision; under s161 the Court could not grant the substantive relief sought once the primary decision had been superseded.
20 Aug 2013
The Tribunal accepted the psychiatric evidence of Dr Rajiah that the appellant meets the diagnostic criteria for a mental injury under s27 and that the covered physical injuries were a direct cause (not necessarily the sole cause) of the mental injury, thereby entitling the appellant to cover; ACC's decision denying cover was revoked.
1 Aug 2013
The appellant failed to demonstrate, on the available medical evidence, a causal link between the covered mental injuries and incapacity to perform pre-injury employment; the sole relevant psychiatric report did not establish causation and therefore entitlement to weekly compensation was not established.
12 Apr 2012
Because lump sum compensation is limited to covered personal injuries, and the respondent had validly extended cover only to specified mental injuries, the lump sum impairment assessment excluding non-covered mental conditions was correct and the appeal must be dismissed.
7 Dec 2011
ACC conducted a thorough investigation and on the balance of probabilities was entitled to be 'not satisfied' that the appellant's incapacity was due to his covered physical injuries; there was no formal claim for a mental injury so no deemed decision arose and ACC was not required to decide cover for the conversion disorder prior to suspending entitlements under s117.