9 Feb 2016
A s236 review of levies does not entitle an employer to challenge whether qualifying claims are work-related personal injuries; such challenges must be made under s134(2) within the statutory time limits. The deemed decision under s146 in this case required investigation of the identified claims and did not mandate their removal; appeal dismissed.
29 Jan 2016
The appeal is dismissed because the substantive relief originally sought (a pain assessment) was provided by ACC in 2008, rendering the challenge to the 2006 decision moot; additionally, Reviewer Clayton's finding that no deemed decision under s146 arose was not contradicted by evidence.
31 May 2012
The Court held that "hearing" in s146(1) includes a hearing convened to determine jurisdictional issues; hence setting a jurisdictional hearing within three months satisfies s146(1) and there was no deemed decision in the respondent's favour.
21 Dec 2011
Because the appellant applied for an Independence Allowance under the 2001 Act, the Court applied s377 and AMA Guides (4th Ed) and correctly deducted the 65% Lump Sum previously paid from the 37% Whole Person Impairment now assessed, yielding no remaining entitlement; thus the respondent's decision was lawfully upheld.
12 Aug 2008
The appellant's fax dated 13 October 2006 was effectively given to the Corporation (received into the ACC mail room) and therefore the review application was 'given' for purposes of s135; ACC failed to set a hearing within three months as required by s146, entitling the appellant to a deemed decision quashing the respondent's 11 October 2006 revocation. The Reviewer had jurisdiction to consider the s146 issue but not to determine the substantive correctness of the revocation.
10 Sept 2007
The appeal fails because the hearing was properly set within the statutory three month period so no deemed decision arose under s146, the Reviewer correctly concluded she had jurisdiction because the 25 July 2005 decision was not effectively replaced at the time, and the substantive issue is now moot because the primary decision was revoked and replaced by a fresh assessment; accordingly the appeal is dismissed.
19 Nov 2004
The Court has no jurisdiction to hear the appeal because there was no review decision against which to appeal; the appeal is dismissed.