20 Dec 2013
The appeal was allowed in part: the Court accepted the revised ENT calculation attributing 24.9% occupational NIHL and modified the review decision accordingly, but held ACC's statutory funding obligation remains limited to the amount prescribed by the applicable regulations and no further retrospective costs were awarded.
29 Mar 2004
Reading s149 in the context of s135(3) and the 1992 Act as first enacted, persons who immediately before 1 July 1992 were 'entitled to receive' compensation under s80(3) of the 1982 Act include potential claimants whose ability to receive payment depended on principled exercises of unexercised discretions; accordingly the appellants fell within s149 and their s80(3) claims are preserved and must be reconsidered by the Corporation (with retrospective effect restored by the 1995 amendment to s63 to the extent identified).
27 Nov 1995
The Act and the Regulations plainly require entitlement to be determined by the degree of disability calculated under the Regulations and the Second Schedule; the appellant's further assessed 45% degree of disability must be applied to the Schedule yielding the prescribed weekly rate ($9.00 plus CPI for the 40-49% band); the respondent and review officer correctly applied the law; appeal dismissed.