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Saturday August 18, 2018

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Provisions of the 1982 Act.

Cause for some thought for all ACC claimant's covered by the 1982 act.

From Wood v Accident Compensation Corporation [2015] NZACAA 6

THE LAW

[36] At the time of the accident, the 1982 Act was applicable. An appeal lies to the Authority against certain decisions of a review officer (section 107 of the 1982 Act).

[37] Notwithstanding the repeal of the 1982 Act, the Authority continues to have jurisdiction over certain claims arising from personal injury by accident occurring on or before 30 June 1992 (section 391(1) of the 2001 Act). By virtue of section 391 (1 )(a) of the 2001 Act, Part 9 of the 1982 Act applies to the appeal process. An appeal prima facie lies in this case against the putative 1988 review decision.

[38] An appeal is by way of a rehearing (section 109(1) of the 1982 Act). The Authority can confirm, modify or reverse a decision, or refer the matter back to the Corporation (section 109(7) & (8) of the 1982 Act).

[39]. The relevant ERC entitlement provisions of the 1982 Act at issue here, in the period immediately following the accident (after the first week), are sections 53 and 59. Once an assessment of permanent capacity can be made, section 60 is applicable.

Does this mean ACC could be forced to make a section 60 decision?

 

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