8 Aug 2017
S20(4) must be read literally: mental injury that falls within s21 is covered under s21 and not under s20; whether a claimant's mental injury is caused by physical injury is a question of fact and on the evidence the District Court was entitled to find no causal nexus between the covered physical injury and the mental injury, so leave to appeal is dismissed.
19 Jun 2014
Section 103(2) requires incapacity to be measured against the employment in which the claimant was engaged at the time the personal injury was suffered; because the applicant was assessed as capable of performing his employment as a slaughterman at that time he was not incapacitated and the application for special leave fails.
8 Jul 2008
The Court limited recoverable costs to a reasonable contribution for appeal-related work and certain review attendance and disbursements because the Court's jurisdiction is to award a contribution for the appeal (not full solicitor-client costs for antecedent matters); however, given the late disclosure by ACC and the role of new evidence (Dr Miller affidavit) in achieving settlement, exceptional circumstances justified a contribution above the respondent's offer. The Court therefore awarded specified sums: $3,000 contribution to legal costs for the appeal, $150 for review attendance, $500 fo…
12 Jun 2007
The court held that ACC did not have all information necessary to calculate backdated weekly compensation until receipt of Dr Patterson's retrospective certificate (provided 23 December 2004); therefore interest was triggered only from that point (one month thereafter as reflected in the Review Decision) to the date of payment, and the appellant was not entitled to interest back to 1990 nor for periods before 1 July 1992.
26 Oct 1995
The court held that 'date of first entitlement' means the date the appellant would have become entitled to weekly compensation had she made the election (27 September 1992); because the amendment to s.52 came into effect 1 July 1993 the appellant is entitled to receive both weekly compensation and national superannuation only for the period 1 July 1993 to 26 September 1993 and the review officer's decision upholding the respondent's position was correct.