New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Cover for mental injury

  • 29 Jul 2016

    Torres v Accident Compensation Corporation

    Citation
    [2016] NZACC 199
    Court
    District Court

    Because the Corporation's decisions declining cover for mental injury and suspending entitlements were made under the 2001 Act, the applicable transitional provisions (s354 for cover; ss363 and 365 for entitlements) apply and the dispute resolution scheme of the 2001 Act (including s391(4) and Part 5) confers jurisdiction on the District Court; accordingly leave to appeal is dismissed.

    • Jurisdiction
    • Transitional provisions
    • Entitlements
    • Cover for mental injury
    • Appeal rights

  • 1 Apr 2016

    Haythorne v Accident Compensation Corporation

    Citation
    [2016] NZACC 83
    Court
    District Court

    The judge ruled that the appellant cannot proceed on grounds seeking to relitigate or rely on alleged injuries from the 2000 motor accident already determined against her in the 2003 review decision; the respondent’s preliminary submission is accepted and the appeal is limited to issues arising from the respondent’s relevant 2012 and 2013 decisions without reopening the 2003 finding; if the appellant wishes to revisit 2003 she must seek a late review.

    • Cover for mental injury
    • Pain disorder
    • Post‑traumatic stress disorder
    • Res judicata/finality
    • Scope of appeal
    • Late review application

  • 3 Dec 2015

    H v Accident Compensation Corporation

    Citation
    [2015] NZACC 371
    Court
    District Court

    The court held s360 applies to this claim lodged in 2007 so both the 1982 and 2001 Act criteria must be satisfied; on the evidence the 2001 Act causation test (mental injury suffered because of physical injuries) was not established on the balance of probabilities, expert opinion relied on by ACC (Dr Gordon, Dr Walker, Dr Barry-Walsh) demonstrated the earlier acceptance relied on an inadequate psychiatric opinion (Dr Williams) and was therefore erroneous and properly revoked; accordingly the appeal is dismissed.

    • Transitional provisions
    • Cover for mental injury
    • Revocation of cover
    • Causation
    • Expert evidence
    • Latency of onset

  • 31 Aug 2015

    McCarthy v Accident Compensation Corporation

    Citation
    [2015] NZACC 242
    Court
    District Court

    Because no qualified medical practitioner diagnosed CRPS or a mental injury and the available medical records and expert opinions explained the pain by physical pathology, the Corporation's decision to decline cover and the reviewer’s upholding of that decision were correct and the appeal must be dismissed.

    • Cover for mental injury
    • Chronic regional pain syndrome
    • Sufficiency of medical evidence
    • Review of administrative decision

  • 31 Aug 2015

    K v Accident Compensation Corporation

    Citation
    [2015] NZACC 262
    Court
    District Court

    On the balance of probabilities the contemporaneous and treating clinicians' evidence, particularly Dr Matthews' January 2010 assessment and supporting reports from Waitemata specialists and treating therapists, establish a causal link between the appellant's covered injuries (major depressive disorder and bulimia nervosa) and her incapacity for work since 2007; accordingly the review decision of 1 May 2014 and the Corporation's decision of 8 August 2013 are quashed and the appellant is entitled to weekly compensation.

    • Weekly compensation
    • Cover for mental injury
    • Causation
    • Sensitive claim suppression

  • 27 Feb 2015

    K v Accident Compensation Corporation

    Citation
    [2015] NZACC 42
    Court
    District Court

    The appeal was dismissed for want of jurisdiction because the Corporation issued a subsequent decision on 28 February 2013 granting cover for BPD which overtook and rendered moot the earlier October 2012 primary decision and the Reviewer’s February 2013 decision; under s161 the Court could not grant the substantive relief sought once the primary decision had been superseded.

    • Cover for mental injury
    • Jurisdiction
    • Review process
    • Sensitive claims
    • Causation
    • Natural justice

  • 20 Aug 2013

    Sinclair v Accident Compensation Corporation

    Citation
    [2013] NZACC 263
    Court
    District Court

    The Tribunal accepted the psychiatric evidence of Dr Rajiah that the appellant meets the diagnostic criteria for a mental injury under s27 and that the covered physical injuries were a direct cause (not necessarily the sole cause) of the mental injury, thereby entitling the appellant to cover; ACC's decision denying cover was revoked.

    • Cover for mental injury
    • Causation
    • Review of administrative decision
    • Assessment of psychiatric evidence

  • 1 Aug 2013

    Bartlett v Accident Compensation Corporation

    Citation
    [2013] NZACC 230
    Court
    District Court

    The appellant failed to demonstrate, on the available medical evidence, a causal link between the covered mental injuries and incapacity to perform pre-injury employment; the sole relevant psychiatric report did not establish causation and therefore entitlement to weekly compensation was not established.

    • Weekly compensation
    • Cover for mental injury
    • Causation
    • Incapacity
    • Deeming date under s36(2)

  • 12 Apr 2012

    Wilson v Accident Compensation Corporation

    Citation
    [2012] NZACC 123
    Court
    District Court

    Because lump sum compensation is limited to covered personal injuries, and the respondent had validly extended cover only to specified mental injuries, the lump sum impairment assessment excluding non-covered mental conditions was correct and the appeal must be dismissed.

    • Lump sum compensation
    • Cover for mental injury
    • Permanent impairment assessment
    • Section 26(1)(c)
    • Schedule 1 clause 54(1)(a)

  • 7 Dec 2011

    Wilson v Accident Compensation Corporation

    Citation
    [2011] NZACC 358
    Court
    District Court

    ACC conducted a thorough investigation and on the balance of probabilities was entitled to be 'not satisfied' that the appellant's incapacity was due to his covered physical injuries; there was no formal claim for a mental injury so no deemed decision arose and ACC was not required to decide cover for the conversion disorder prior to suspending entitlements under s117.

    • Suspension of entitlements
    • Cover for mental injury
    • Conversion disorder
    • Deemed decision
    • S117
    • Ss56-58