23 Feb 2023
The mental injury under s26(1)(c) is a distinct personal injury whose location is determined by the relevant location provisions (here s20(1)(a)); s36(2) only deems the date of the mental injury to be the date of the physical injury and does not change the location; on the facts D's mental injury was suffered in New Zealand and therefore he has ACC cover. The appeal is dismissed.
14 Mar 2019
The Corporation's decision to decline cover for the cord lipoma was upheld because medical opinion established the lipoma was an inherent non‑traumatic condition not caused by accident, the appellant produced no medical evidence to establish causation on the balance of probabilities, and the Corporation conducted a reasonable and timely investigation under s54.
20 Aug 2018
The appellant failed to establish, on the balance of probabilities, that either the 2008 weightlifting incident or the 2010 motorbike accident caused the left rotator cuff arthropathy; contemporaneous records, bilateral 2008 pathology, expert opinion and lengthy delays in reporting make it far more probable the arthropathy resulted from natural degenerative progression rather than accident, so ACC correctly declined cover and funding.
17 May 2018
The appeal is dismissed because the Reviewer validly quashed the Corporation decision and issued directions under s145(4)(b); the Corporation complied with the first direction and retained discretion as to further investigation and timing under the third direction, a new decision was issued rendering this appeal moot, and the Reviewer lacks jurisdiction to award the ongoing costs sought under s148.
30 Nov 2016
ACC had either effectively recorded cover for lumbar disc prolapse with radiculopathy on the ACC45 or, alternatively, failed to decide the additional cover claims within the statutory time under s56 so s58(1) produced a deemed decision that the appellant had cover; because cover existed and the incapacity was caused by that covered injury the appellant was entitled to weekly compensation and ACC's decision to decline was set aside.
31 Mar 2016
The available medical evidence at the time of the Corporation's decision demonstrated the covered right leg contusion had not fully resolved and continued to cause incapacity for the period covered by Dr Mcmenamin's 8 April 2009 medical certificate; therefore the suspension of weekly compensation could not validly take effect before the expiry of that certificate (30 days from 8 April 2009). Conversely, the weight of specialist medical evidence (imaging and expert opinion) established that the cervical C5/6 protrusion and related neck/shoulder symptoms were degenerative and not caused by the…
13 Nov 2015
Special leave was dismissed because the review had been set down within three months so s146 did not apply, and the Court of Appeal had already determined there was no cover for the claimed medical misadventure, which precludes any entitlement to weekly compensation and leaves no reasonable prospect of success on appeal.
4 Nov 2015
Leave to appeal was refused because no bona fide and serious point of law remained: the 12 October 2011 letter was declaratory and not a reviewable decision, and s284 reporting obligations arise only for information obtained in the course of processing claims; ACC had already granted cover before the request for further investigation, so no reporting duty arose.
31 Mar 2015
The appeal is dismissed as moot because the reviewer restored the appellant's entitlements, there is no practical consequence to revisiting the disputed review comment, the reviewer addressed the correct issue (whether suspension of entitlements was justified) rather than revoking cover, and there is no basis to exercise the Court's discretion to hear a moot appeal or to prescribe reviewer procedure under the statutory review regime.
17 Jun 2014
The Court accepted the treating surgeon's evidence and related contemporaneous medical records as the best evidence and found on the balance of probabilities that the 19 November 2011 accident caused an intrasubstance partial tear of the APL tendon leading to de Quervain's tenosynovitis and that the June 2012 surgical release was consequential on that covered injury; ACC's decision to decline funding was reversed and payment ordered.