9 Nov 2016
Leave to appeal was refused because no question of law was identified that could be argued bona fide and seriously: the challenges were to factual findings properly open on the evidence, prior determinations on weekly compensation are barred by res judicata, and the 10% WPI was supported by assessment and peer review such that no legal error was shown.
22 Mar 2012
Because the appellant was not an earner at the time when clear incapacity was evidenced (hospital admission and surgery on 3 October 2008) and there is insufficient medical evidence showing he was incapacitated from 9 May 2008 to October 2008, ACC correctly declined weekly compensation and the appeal must be dismissed.
8 Feb 2010
The appeal is dismissed because the appellant failed to establish on the present evidence a current necessity for wheelchair-related social rehabilitation; the medical and occupational therapy evidence was inconclusive, material time has elapsed since the assessments, and social rehabilitation cannot be effectively backdated, so the Corporation's decision to decline funding is upheld.
18 Jul 2005
There was insufficient medical evidence that the 19 May 1998 incident caused a new traumatic personal injury; the appellant's symptoms and investigations demonstrated a progressive degenerative knee condition which was wholly or substantially the cause of his disability and therefore excluded cover under the applicable statutory test; accordingly the Reviewer's decision was correct and the appeal is dismissed.
10 Oct 2003
There was insufficient evidence that the respondent suffered a physical injury as required by s29(1)(b); medical reports disclosed pain but not objective physical injury or findings establishing the causal nexus under s33, therefore the reviewer’s decision granting cover was quashed and the matter remitted for further medical evidence.
27 Aug 2001
Causation was not established on the evidence: multiple specialist opinions found no neurological or other medical basis linking the appellant's current wrist/arm weakness to the earlier accepted carpal tunnel/tendonitis injury; temporal continuity alone did not suffice to prove causal connection, therefore ACC's decision to cease entitlements under s73(1) was correct and must be upheld.
4 Sept 2000
The assessor's 5% Whole Person Impairment rating was supported by contemporaneous specialist reports and confirmed by the Branch Medical Advisor; the appellant produced no cogent medical evidence of greater impairment or of a causal link for knee or bladder conditions to the covered injury, therefore the statutory minimum 10% WPI for an Independence Allowance was not met and the respondent's decision was correct.