New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Suspension of entitlements (s117)

  • 18 Jul 2019

    Tahu v Accident Compensation Corporation (Suspension of Entitlements)

    Citation
    [2019] NZACC 83
    Court
    District Court

    On the balance of probabilities the Court accepted the neurosurgical opinion and the appellant's credible account and found the December 2005 fall caused an acute C3/4 disc prolapse with myelomalacia; consequently ACC was wrong to conclude the condition was no longer the result of the 2005 injury and the Reviewer’s decision upholding suspension was quashed.

    • Causation
    • Suspension of entitlements (s117)
    • Review and deemed decisions
    • Medical evidence (neurological causation)

  • 27 Sept 2016

    Kemp v Accident Compensation Corporation

    Citation
    [2016] NZACC 275
    Court
    District Court

    The decision of 2 May 2013 was a s103 incapacity determination to cease weekly compensation, reasonably based on contemporaneous medical evidence (Dr Xiong and GP notes) addressing capacity as at the decision date; later medical and practical assessments describing subsequent deterioration do not negate the correctness of the 2013 decision and therefore the appeal is dismissed.

    • Suspension of entitlements (s117)
    • Incapacity determination (s102/s103)
    • Vocational independence
    • Procedural compliance
    • Admissibility and weight of medical evidence

  • 20 May 2016

    Bunnage v Accident Compensation Corporation

    Citation
    [2016] NZACC 140
    Court
    District Court

    The reviewer and the Court preferred the comprehensive medical opinion of Dr Strack that the appellant's ongoing shoulder and joint problems are predominantly attributable to pre‑existing degenerative disease (DISH and diabetes‑related tendinopathy) rather than to the 16 August 2011 covered injury; given the quality and scope of the evidence available at the time the second respondent had a sufficient basis under s117 to be 'not satisfied' that entitlements should continue and complied with s54/s64, so the suspension upheld and the appeal dismissed.

    • Suspension of entitlements (s117)
    • Decision‑making obligations (s54)
    • Notice requirements (s64)
    • Causation
    • Pre‑existing conditions (dish, diabetes)
    • Review procedure

  • 30 Oct 2014

    Smith v Accident Compensation Corporation

    Citation
    [2014] NZACC 287
    Court
    District Court

    The appeal was dismissed because the evidence established that the 24 November 2004 incident did not cause a new injury but was an aggravation of the 1981 injury, the Corporation's revocation of cover dated 12 February 2010 was therefore correct, and the matters advanced by the appellant related to entitlements or earlier resolved decisions not before the Court, leaving no live issues requiring further hearing.

    • Revocation of cover
    • Aggravation of pre-existing injury
    • Entitlements
    • Judicial review of review decision
    • Suspension of entitlements (s117)

  • 24 Jan 2014

    Heteraka v Accident Compensation Corporation

    Citation
    [2014] NZACC 17
    Court
    District Court

    On the balance of probabilities the Judge found the 1990 accident was a significant contributing cause that initiated or materially contributed to the appellant's degenerative change at L5/S1 and that the covered injury remained a causative factor in his 2009 condition; accordingly the review decision was quashed and entitlements reinstated.

    • Causation
    • Entitlement to acc benefits
    • Suspension of entitlements (s117)
    • Review and appeal
    • Medical expert evidence

  • 21 Jun 2007

    Gibb v Accident Compensation Corporation

    Citation
    [2007] NZACC 137
    Court
    District Court

    The requirement to undergo initial occupational and medical assessments is an administrative/preparatory step to inform the statutory s86/s87 vocational rehabilitation decision and is not itself a reviewable decision on the claim; the reviewable decision arises when the Corporation decides whether and how to provide vocational rehabilitation (for example by making an IRP).

    • Reviewability of administrative assessments
    • Initial occupational assessment (ioa)
    • Initial medical assessment (ima)
    • Vocational rehabilitation (irp)
    • Suspension of entitlements (s117)
    • Time limits for rehabilitation (s87)

  • 17 Jan 2006

    Howard v Accident Compensation Corporation

    Citation
    [2006] NZACC 8
    Court
    District Court

    Judge Cadenhead refused leave to appeal because the contested matters were primarily factual or discretionary, many points were academic or remediable at review (the July 2003 review application was defective and no clear deemed decision arose), statutory tests (s72/s117) were applied objectively and the Corporation's actions were reasonable, the 1997 memorandum was an internal non-decision, IRP concerns were addressed by subsequent IRPs, interest is not payable before 1 July 1992, and costs awards to an unrepresented litigant were within the Reviewer's regulatory discretion.

    • Leave to appeal
    • Deemed review decision (s146)
    • Statutory information requirement (s72)
    • Suspension of entitlements (s117)
    • Individual rehabilitation plan (irp) reviewability
    • Disclosure/discovery in statutory appeals