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Accident Compensation Cases

Wikeepa v Accident Rehabilitation and Compensation Insurance Corporation (HC, 03/09/98)

Judgment Text

(ORAL) JUDGMENT OF MORRIS J 
MORRIS J
The appellant applies to this Court for a grant of special leave to appeal to this Court from a decision of the Appeal Authority (Mr BH Blackwood) dated 22 March 1994. Leave to appeal to this Court from such decision has earlier been refused by the Accident Compensation Appeal Authority (Mr Cartwright) in a judgment dated 31 January 1995. 
The issue at the appeal before Mr Blackwood was a decision of the respondent upheld by the Review Officer not to pay weekly earnings-related compensation to the appellant in respect of a back injury sustained in 1985. The Review Officer concluded the Corporation was prejudiced by the lack of evidence on incapacity. The Appeal Authority in its decision concluded he was not persuaded on the balance of probabilities the appellant had an entitlement to weekly compensation. He gave detailed reasons for his conclusions, all of them being based on his findings on the evidence before him. 
Before this Court will grant leave to appeal from a decision of the Authority, it must be satisfied in the circumstances the case is of such nature as to justify the grant of leave whether e.g. it is in the public or general importance for leave to be granted or for some such similar reason: Engel v. Accident Compensation Commission (1981) NZACR 193
I am satisfied there is no basis for my granting special leave. The matters were fully traversed by both Mr Cartwright and the Authority and having perused the file I entirely agree with them. There is simply no matter of public or general importance which would justify a referral to this Court. Nor does any question of law arise from the decision. The present application and/or appeal is accordingly dismissed. There will be no order for costs. 

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