16 Dec 2016
Leave to appeal was refused because the central jurisdictional issue (whether the 1998 Act or 2001 Act applied) had been conclusively determined by higher courts and no question of law capable of bona fide and serious argument was identified; additionally the applicant's filing sought revision of an earlier decision rather than a claim for entitlements and no legal error was shown.
29 May 2015
Dismissal because the medical evidence, including stress tests, specialist assessments and GP records, did not establish any causal link between the appellant's ongoing symptoms and the covered myocardial infarction of 17 March 2002.
19 Apr 2013
The Court held that the claimant failed to establish a treatment injury under s32 because there was no reliable evidence that the GP's examination caused a personal injury, contemporaneous expert examination (Mr MacIndoe) found no physical injury attributable to the GP visit, and ACC had properly investigated and relied on that expert opinion; therefore the appeal was dismissed.
20 Jul 2012
There were no extenuating circumstances within the three-month period that prevented lodging the review application; the appellant's post-decision discovery of medical evidence after surgery does not meet the statutory requirement for extension under s135(3), so the respondent's refusal to extend time was correct.
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.
28 Mar 2011
The appeal was dismissed because ACC reasonably refused to extend the statutory three month review period in the absence of extenuating circumstances and because, even if an extension had been granted, the deceased's passing precluded any possible favourable assessment or entitlement to an independence allowance, so the appeal had no prospect of success.
2 Mar 2011
No persuasive, objective medical evidence contradicted the October 2007 assessor's conclusion that the appellant could undertake specified sedentary work 35+ hours weekly; the assessor's report was thorough, the consultation sufficient, and absent contrary objective opinion the ACC decision of 5 December 2007 stands, so the appeal is dismissed.
22 Jun 2010
The Court found the appellant's review application was properly brought and lodged on reasonable grounds, the Reviewer had given no basis for refusing costs, and the Court (exercising the same discretion as the Reviewer) ordered the appellant be awarded review costs in accordance with the Schedule to the Regulations together with any qualifying disbursements.
19 Mar 2008
The evidence established on the balance of probabilities that the slip on 15 July 2006 caused ongoing injury to the left Achilles tendon as at 27 September 2006; accordingly the Reviewer's decision confirming termination of entitlements is quashed and ACC's decision terminating entitlements is set aside insofar as it affected the left tendon. Leave to bring the appeal out of time is granted.
9 Oct 2003
On the balance of probabilities the appellant remained incapacitated by his covered wrist injury from 16 May 1997; later medical evidence (arthroscopy and specialist opinions) demonstrated physical pathology present since the relevant period and overturned the GP's assessment, therefore the respondent's decision to cease weekly compensation from 16 May 1997 was incorrect and must be set aside with entitlement reinstated from that date until at least recovery following wrist surgery.