New Zealand Case Law: Decisions & Judgments

Topic

Section 117

Legal area

Court

11 Jul 2018

Stewart v Accident Compensation Corporation (Attendant Care)

Citation

[2018] NZACC 109
Court

District Court

The Court held ACC's decision to suspend full attendant care payments and to provide partial retention payments while the appellant was hospitalized was a lawful and reasonable exercise of ACC's powers under s117 and s68 given the information available, the hospitalization removed the immediate need for attendant care, and the partial retention addressed local workforce scarcity and risk of caregiver loss; the appeal was dismissed.
19 Dec 2017

Murphy v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2017] NZACC 146
Court

District Court

The District Court held that the imaging and expert reports available to ACC at the time of its decision (and on all evidence before the Court) provided a sufficient evidential basis to be not satisfied that the appellant’s ongoing symptoms were causally linked to the 2011 assault or 2014 fall; accordingly ACC was entitled under s117 to suspend entitlements and the appeal was dismissed.
12 Aug 2016

Jones v Accident Compensation Corporation

Citation

[2016] NZACC 218
Court

District Court

The request to attend an Initial Occupational Assessment was a reasonable statutory requirement under s72 and the appellant's refusal to attend, given his stated reasons, was objectively unreasonable under s117; accordingly the respondent lawfully suspended weekly compensation and the review decision upholding that suspension is affirmed.
6 Nov 2015

Deller v Accident Compensation Corporation

Citation

[2015] NZACC 334
Court

District Court

The Court quashed the respondent's revocation/suspension decision because the s117 threshold for terminating benefits was not met and entitlements should continue; however the appellant failed to prove on the balance of probabilities that his current mental condition is a mental injury caused by the 2002 physical injury under s27, so the reviewer's decision denying cover for mental injury was upheld.
28 Nov 2013

Mullinder v Accident Compensation Corporation

Citation

[2013] NZACC 401
Court

District Court

Expert medical evidence established that the appellant's ongoing symptoms are due to pre-existing progressive degenerative cervical spondylosis which the injury events may have unmasked or hastened but did not cause; therefore the respondent satisfied its onus under s117 and suspension of entitlements was lawful.
3 Oct 2013

Luke v Accident Compensation Corporation

Citation

[2013] NZACC 318
Court

District Court

The court found the medical evidence showed pre-existing osteoarthritis that was unmasked and significantly progressed by the 1993 accident but by 2007 the appellant's disabling condition was degenerative osteoarthritis rather than a continuing strain injury caused by the accident; therefore under section 117 the respondent lawfully suspended entitlements and the appeal failed.
19 Dec 2012

Scholes v Accident Compensation Corporation

Citation

[2012] NZACC 408
Court

District Court

The court accepted the respondent's medical evidence (Hadlow) that the appellant's chronic pain is due to degenerative and constitutional spinal conditions (Scheuermann's disease and spondylitic changes) unrelated to covered injury; therefore the respondent was entitled to suspend entitlements under section 117 and the appeal is dismissed.
10 Oct 2012

Brown v Accident Compensation Corporation

Citation

[2012] NZACC 332
Court

District Court

The 19 January 2011 letter was a reviewable decision withholding weekly compensation effective from 4 August 2010 to 28 January 2012; the Corporation did not validly invoke s117 or provide reasons for withholding, therefore it is bound to pay arrears and the appellant is entitled to costs.
30 Aug 2012

Brown v Accident Compensation Corporation

Citation

[2012] NZACC 293
Court

District Court

The 19 January 2011 letter, read in context of withholding payment, conveyed a decision to suspend weekly compensation and was therefore reviewable; the Reviewer erred in declining jurisdiction and his decision is quashed. In absence of a valid s117 decision suspending entitlement, the appellant remained entitled to payment and arrears until ACC issues an express lawful decision under s117.
24 Jul 2012

Gardner v Accident Compensation Corporation

Citation

[2012] NZACC 245
Court

District Court

On the balance of the medical evidence the Court was not satisfied the respondent proved entitlements for the covered concussion/headache had ceased; medical reports show ongoing headache related to the 2007 concussion and a need for repeat radiofrequency neurotomy, so suspension of entitlements in respect of the concussion/headache was invalid, whereas neck and shoulder conditions were not established as covered and therefore not entitled to ACC cover.