New Zealand Case Law: Decisions & Judgments

Topic

Reinstatement of entitlements

Legal area

Court

27 Nov 2018

Hill v Accident Compensation Corporation (Weekly Compensation)

Citation

[2018] NZACC 186
Court

District Court

The Court accepted the contemporaneous clinical notes of Dr Campbell (as clarified by Dr Lobo) showing signs and symptoms of right carpal tunnel syndrome on 26 October 2004 and found the registrar's 6-month retrospective estimate and later commentary were incorrect; therefore the correct date of material deterioration is 26 October 2004 and weekly compensation must be backdated to that date.
30 Oct 2015

Hayes Accident Compensation Corporation

Citation

[2015] NZACC 327
Court

District Court

The Court held ACC's decision was unlawful because it failed to consider the nature and existence of the cover under s67(a); ACC therefore lacked a sufficient evidential basis under s117(1) to be "not satisfied" the claimant remained entitled, so the suspension was quashed and entitlements reinstated.
25 Jun 2015

Eyeington v Accident Compensation Corporation

Citation

[2015] NZACC 171
Court

District Court

On the balance of the medical and allied health evidence the judge found the appellant continued to suffer effects of the covered thoracic and lumbar muscular injuries originating from the 22 November 2012 accident and those effects were not spent as at April 2013; accordingly the Corporation's decision to decline weekly compensation and suspend entitlements was incorrect and was quashed with entitlements reinstated.
22 May 2015

B v Accident Compensation Corporation

Citation

[2015] NZACC 117
Court

District Court

The court found that the combined expert evidence of Drs Berry and Newburn and Mr Wood was sufficiently cogent to undermine Dr Kahan's VIMA; on the balance of probabilities the appellant is unable to perform the suggested categories of work for 30 hours per week due to injury‑related impairments, therefore the ACC decision is quashed and the appellant's entitlements are reinstated from the date they ceased.
23 Sept 2014

Wyatt v Accident Compensation Corporation

Citation

[2014] NZACC 233
Court

District Court

On the balance of probabilities the Court was satisfied that Mr Wyatt suffered a general sensitisation pain disorder caused by the cumulative effect of the 2005, 2007 and 2008 injuries; observable objective signs (muscle spasming), consistency of complaints, and specialist opinions (Dr Laubscher, Dr Neff) established causation and no reasonable alternative explanation was identified, so ACC's decisions suspending entitlements were quashed and entitlements reinstated from 24 February 2011.
27 Aug 2014

Pearce v Accident Compensation Corporation

Citation

[2014] NZACC 190
Court

District Court

On the evidence the June 2007 workplace accident caused a locking/impingement injury to the right elbow and, on balance, continued to contribute to Mrs Pearce's incapacity as at October 2010; because the contribution was not shown to be nil or 'spent', the Corporation lacked a sufficient basis to suspend entitlements and the suspension/decision was set aside.
29 Apr 2014

Bailey v Accident Compensation Corporation

Citation

[2014] NZACC 104
Court

District Court

The Court held the case falls within Miller scenario 4: the original medical advice in December 2004 conclusively supported cancellation, and only upon receipt of Mr Coldham's comprehensive 1 November 2010 report (including contemporaneous examination and reasoned opinion) did ACC have all required medical information to justify payment. Therefore interest runs from 1 November 2010; the review decision was correct and the appeal is dismissed.
24 Jan 2014

Clarke v Accident Compensation Corporation

Citation

[2014] NZACC 16
Court

District Court

The appellant reasonably withheld consent to disclosure where the Corporation failed to provide requested internal pre-assessment records that were necessary for her to prepare and respond to a review of her entitlement; because the case manager did not reasonably respond to that request, suspension of entitlements for the disputed period was not justified and the appeal is allowed restoring entitlements for the disputed period.
1 Oct 2012

Henry v Accident Compensation Corporation

Citation

[2012] NZACC 323
Court

District Court

The Court found Dr Turner departed from the generic work‑type description by treating driving as only occasionally required; given the appellant’s established inability to drive for sustained periods and his semi‑rural location making frequent driving likely, Dr Turner’s assessment was significantly flawed, so the finding of vocational independence could not be sustained and the primary decision was quashed and prior entitlements reinstated.
15 Jun 2012

Eberlein v Accident Compensation Corporation

Citation

[2012] NZACC 197
Court

District Court

Judge accepted the detailed medical opinion of Dr Wigley that the appellant suffered lumbar disc/root injury with radiculopathy attributable to the 26 April 2007 accident and that there was no authoritative contradictory medical evidence establishing non-accident gradual disease as the predominant cause; accordingly the Reviewer’s decision and Aon’s suspension were quashed and entitlements reinstated.