14 Sept 2011
ACC complied with Regulation 18(2) and (4) by nominating a contracted provider and informing the claimant that ACC would fully fund surgery if performed by the nominated provider; the claimant was informed and elected non-contracted part-funded surgery; accordingly ACC's liability was limited to the 60% contribution and the appeal is dismissed.
12 Sept 2011
ACC complied with regulation 18(4) because the case manager informed the claimant on 21 November 2006 that ACC would pay the full cost if the surgery was performed by the nominated provider (Mr Evison); there was no evidence contracted surgery could have been provided more promptly, so ACC's partial funding decision was lawful and the appeal was dismissed.
4 Mar 2010
The Court held ACC complied with regulation 18 by identifying/nominating providers and advising claimants of the funding consequences before they chose; the ACC43 elections reflected informed choices and were not shams or unlawful delegations, so ACC was entitled to limit its liability to 60% under regulation 18(6).