New Zealand Case Law: Decisions & Judgments

Topic

Review of acc decision

Legal area

Court

10 Jul 2019

Fuller-Sandys v Accident Compensation Corporation (Social Rehabilitation)

Citation

[2019] NZACC 75
Court

District Court

There is no statutory basis under the Accident Compensation Act 2001 permitting ACC to reimburse a caregiver for time spent attending a NZSL course or for travel time; funding for the course and related items may be provided to the claimant but reimbursement of the mother's time falls outside ACC's jurisdiction, therefore the reviewer's decision and ACC's decision are upheld.
19 Oct 2017

Craig v Accident Compensation Corporation (Payment of Interest)

Citation

[2017] NZACC 128
Court

District Court

The Court found the pivotal medical evidence establishing causation was the report of Dr McBride received by ACC on 15 May 2014 and that interest under s114 should be calculated from a reasonable administrative period after that date; having regard to authority and recent decisions the Court set the interest commencement at 15 September 2014 (four months after 15 May 2014) and ordered interest accordingly, quashing the earlier ACC determination that had used a six month period.
25 Aug 2017

Milne v Accident Compensation Corporation (Entitlement to Surgery)

Citation

[2017] NZACC 102
Court

District Court

The appeal was dismissed because the overall weight of medical and radiological evidence established multilevel degenerative cervical pathology unlikely to have been caused by the appellant's covered accidents (including 2000), the treating surgeon's contrary causation opinion was outweighed by consistent radiologist reports and multiple independent medical advisers, and there was insufficient contemporaneous evidence that the 2000 events caused traumatic disc injury requiring the funded surgery.
19 Jul 2017

Morrisette v Accident Compensation Corporation (Weekly Compensation)

Citation

[2017] NZACC 81
Court

District Court

The District Court held the puncture resulting from amniocentesis was a necessary part and an ordinary consequence of the clinically indicated procedure; the leakage was a resolving consequence with no established physical injury or ongoing harm to the mother or fetus and thus did not qualify as a treatment injury under s32; accordingly ACC's decision to decline cover was confirmed and the appeal dismissed.
12 Apr 2017

Nui v Accident Compensation Corporation (Funding for Surgery)

Citation

[2017] NZACC 41
Court

District Court

Appellant failed to prove on the balance of probabilities that the surgery treats a condition caused by the 27 January 2008 covered injury because contemporaneous x-ray imaging demonstrated medial degeneration predating the accident and the independent CAP medical opinion concluded no causal link; therefore ACC correctly declined to fund the surgery and the review decision was upheld.
6 Dec 2016

Maharaj v Accident Compensation Corporation

Citation

[2016] NZACC 317
Court

District Court

Because ACC revoked its 14 May 2008 decision under s65 ACC 2001, the review decision ceased to have effect and the Court had no jurisdiction to continue the appeal; the appeal is dismissed.
18 Aug 2016

Line v Accident Compensation Corporation

Citation

[2016] NZACC 227
Court

District Court

The Court upheld the reviewer and ACC decision because the totality of evidence — delayed presentation beyond guideline window, absence of contemporaneous signs of acute tissue rupture, the expert literature and Dr Sexton's opinion that direct inguinal hernias commonly reflect connective tissue weakness and predisposing factors — did not support that the hernia was caused by a significant acute traumatic tear; the appellant did not prove traumatic causation on balance of probabilities and the appeal is dismissed.
1 Jul 2016

Devery v Accident Compensation Corporation

Citation

[2016] NZACC 179
Court

District Court

The Court found the appellant did not establish a physical injury on objective medical evidence (imaging and clinical consensus supported myofascial pain syndrome as a disease process rather than demonstrable tissue disruption) and, alternatively, even if an injury existed there was no evidence of a specific accident or causal series of events arising from his work; accordingly ACC cover was correctly declined and the appeal is dismissed, but the reviewer’s refusal to award representation costs is set aside and representation costs at review are granted.
2 May 2016

Ghabachi v Accident Compensation Corporation

Citation

[2016] NZACC 127
Court

District Court

The court upheld the reviewer and ACC medical advisers and concluded, on the balance of probabilities, that the appellant did not establish a causal link between the drooping nasal tip/nasal obstruction and the covered injuries of 1999 or 2006; therefore ACC correctly declined funding for the proposed surgery.
29 Apr 2016

Powell v Accident Compensation Corporation

Citation

[2016] NZACC 116
Court

District Court

The appellant failed to demonstrate on the balance of probabilities that the lifting event was the proximate cause of her snapping scapula syndrome; temporal association without a plausible traumatic mechanism and the preponderance of medical opinion favoring gradual microtrauma/developmental causation meant the reviewer's decision to cease physiotherapy funding was not shown to be wrong, so the appeal is dismissed.