New Zealand Case Law: Decisions & Judgments

Topic

Entitlement to weekly compensation

Legal area

Court

23 Jan 2019

Vercoe v Accident Compensation Corporation (Funding for Surgery and Weekly Compensation)

Citation

[2019] NZACC 3
Court

District Court

On the balance of probabilities the Court was satisfied the covered neck sprain substantially caused the incapacity and need for treatment (including surgery) despite pre-existing multi-level degenerative change; accordingly ACC's decision to decline weekly compensation and surgery and to suspend entitlements was set aside and entitlements reinstated and backdated.
18 Jul 2018

Scott-Davidson v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2018] NZACC 113
Court

District Court

WorkAon did not have a sufficient evidential basis at the time of the 28 November 2014 decision to be 'not satisfied' that entitlements should continue to be funded because contemporaneous records showed ongoing injury-related symptoms (locking, swelling, inflammation) and reasonable uncertainty; accordingly the suspension was incorrect and the appeal is allowed; quadriceps wasting was not identified at suspension and, if claimed, requires a separate causal enquiry.
22 Feb 2018

Flachs v Accident Compensation Corporation (Entitlement to Weekly Compensation)

Citation

[2018] NZACC 43
Court

District Court

Claimant was on unpaid leave and therefore not an earner at the date of injury; redundancy payments are expressly excluded from earnings under s11(1)(e); clause 43’s alternative extension mechanisms are exclusive and do not extend the claimant’s employment to the date of injury; therefore claimant is not entitled to weekly compensation and the appeal is dismissed.
8 Feb 2018

Kane v Accident Compensation Corporation (Interest on Weekly Compensation)

Citation

[2018] NZACC 32
Court

District Court

The court applied s114 and Miller: interest accrues from one month after the date ACC first held all medical, financial and other information necessary. The Toxicology Panel advice received 2 May 2012 constituted the date ACC had all necessary information to grant cover and determine entitlement for the period from 30 June 1997, so interest on that portion runs from 2 June 2012. The distinct earlier period (November 1995–June 1997) required additional employer statements and ACC received all necessary information by Dr Walker's memorandum of 19 February 2013; the Corporation's decision as to…
6 Dec 2017

Paku v Accident Compensation Corporation (Revocation of Cover)

Citation

[2017] NZACC 143
Court

District Court

Judge concluded on the balance of probabilities there was insufficient evidence to support cover for post-concussion syndrome and therefore the Corporation's revocation of PCS was correct; however the Corporation did not have a sufficient evidential basis to be 'not satisfied' that the appellant was no longer entitled to entitlements, so the suspension of entitlements was set aside.
7 Sept 2017

Lundy v Accident Compensation Corporation (Entitlement to Weekly Compensation)

Citation

[2017] NZACC 101
Court

District Court

The Branch Medical Advisor's specialist opinion, which concluded the frozen shoulder began between 6 May and 12 June 2015 and was most likely idiopathic rather than caused by the earlier covered accidents, was a competent and persuasive basis for ACC's decisions. There was an identifiable break in the appellant's pain presentation and no specialist evidence to overturn the BMA's timing-based causation conclusion; therefore the frozen shoulder was not caused by a covered injury and the ACC decisions declining weekly compensation were correct.
17 Mar 2017

Northcott v Accident Compensation Corporation

Citation

[2017] NZACC 26
Court

District Court

On the balance of probabilities the medical evidence did not establish that the appellant's current incapacity and symptoms were caused by the covered 15 February 2013 injury; ACC therefore legitimately declined weekly compensation and suspended entitlements under s117, and the reviewer’s decision upholding that outcome was correct and is therefore upheld by the Court.
17 Mar 2017

Kitchin v Accident Compensation Corporation

Citation

[2017] NZACC 27
Court

District Court

The District Court upheld ACC's decision: the available medical evidence showed the accepted treatment injury (haematoma and possible superficial wound) had resolved by 6 March 2013 and the appellant failed, on the balance of probabilities, to establish that his ongoing pain and incapacity were causally attributable to that covered treatment injury; therefore suspension of weekly compensation beyond that date was justified.
30 Nov 2016

Kirk v Accident Compensation Corporation

Citation

[2016] NZACC 313
Court

District Court

The Court held there was no basis to find weekly compensation was wrongly terminated in 1978; the earliest date all medical information necessary was available was 30 June 2010, but because IRD earnings information relevant to calculating weekly compensation was not finally received until 26 August 2010, and bank details were never requested, ACC only had all information necessary to calculate and pay for earnings‑relevant periods from 26 August 2010; accordingly the review decision was quashed and ACC ordered to pay interest from the dates determined for each backdated period.
17 Nov 2016

Ives v Accident Compensation Corporation

Citation

[2016] NZACC 300
Court

District Court

Leave to appeal is refused because no arguable question of law arises: Judge Powell's factual finding that the applicant's consequential mental injury, including chronic pain syndrome, became clinically significant between August 1990 and February 1991 is reasonably open on the evidence and supports application of the 1982 Act; splitting the umbrella 'mental injury' into discrete components with separate dates is a factual inquiry not a legal error, and the post‑appeal expert material does not raise a question of law sufficient to grant leave.