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Accident Compensation Cases

Watt v Accident Compensation Corporation (DC, 03/06/11)

Judgment Text

RULING OF JUDGE P F BARBER 
Judge P F Barber
[1]
On 12 August 2009, Reviewer Jane Wilson heard an application for Review from the applicant on the issue of the correctness of the 9 February 2009 decision of Silver Fern Farms Ltd to decline continuing entitlements to the appellant. The Reviewer's outcome was expressed as “The medical evidence supports the position that there is enough basis for Silver Fern Farms Ltd to be ‘not satisfied’ of the right to entitlements. Silver Fern Farms Ltd's decision to suspend continuing entitlements is correct”
[2]
The appellant had incurred a left wrist strain on 15 May 2008 which was diagnosed on 12 September 2008 as carpal tunnel. After typical procedures and medical reports, Silver Fern Farms Ltd declined continuing entitlements to the appellant on 9 February 2009 “because there was no medical evidence to link Ms Watt's continuing complaint with her accepted claim for cover of a wrist strain. Also there was no evidence she had a claim for carpal tunnel syndrome”
[3]
An advocate for the appellant lodged a Notice of Appeal dated 24 August 2009 with this Court maintaining that the Review decision is wrong in fact and law and fails to comply with the principles of natural justice. 
[4]
In the usual way the registry wrote to the advocate on 27 August 2009 advising of appropriate procedures and requirements. In August 2010 the advocate advised that, due to his volumes of work, this appeal could not proceed at the September 2010 Invercargill circuit. On 8 February 2011 submissions were sought again from the appellant and then again on 27 April 2011 with advice that, failing response within 14 days, the matter would be put before a Judge. 
[5]
There has been no response by or on behalf of the appellant since 25 August 2010 and, indeed, there has been no initiative on the part of the appellant since the said Notice of Appeal was filed with this registry on 27 August 2009. 
[6]
In terms of the background set out above, I hereby dismiss this appeal for want of prosecution. 

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