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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Accident Compensation Cases

Accident Compensation Corporation v Soeters (DC, 11/07/05)

Judgment Text

JUDGMENT OF JUDGE D A ONGLEY 
Judge D A Ongley
[1]
Three appeals have been brought on for hearing by consent of counsel for the purpose of seeking a binding appellate judgment in relation to lump sum compensation for cases of mesothelioma where the deemed date of injury under s 37 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 was before 1 April 2002. 
[2]
The appeal involves a question of statutory interpretation only, and the argument is set out in the judgment of this Court in ACC v Lehmann 225/04 and in the High Court in ACC v Lehmann High Court Wellington, CIV-2004-485-2132, 3 June 2005, Goddard J. 
[3]
Goddard J decided that the transitional limit in cl 55(2) of Schedule 1 of the Act applied to work-related gradual process injuries including those injuries described in s 30(3) and (4) of the Act, which include the injury suffered by the appellant deceased. 
[4]
Counsel are agreed that this Court is bound to follow the judgment of the High Court and therefore to allow the appeal. Counsel are also agreed that it is an appropriate case to grant leave to appeal to the High Court, and that the question of law for the High Court should be framed in the same way as the question of law for the Court of Appeal stated by Goddard J in the Lehmann appeal when granting leave on 27 June 2005. 
[5]
Therefore this appeal is allowed. Leave is granted to the respondent to appeal to the High Court to determine the following question: 
“Does the transitional limit on lump sum compensation contained in cl 55(2) of Schedule 1 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 apply to the appellant as a person suffering from a Schedule 2 occupational disease, which has cover under s 30 of the Act? ”
[6]
Costs on the appeal are reserved. 

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