IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2022-404-735
[2022] NZHC 2083
UNDER the Accident Compensation Act 2001 IN THE MATTER
Of an application for special leave to appeal to the High Court.
BETWEEN
CRAIG RICHARD JONES
Applicant
AND
ACCIDENT COMPENSATION CORPORATION
Respondent
Hearing: 27 July 2022 Counsel:
Applicant in person
L Hawes-Gandar and F Becroft for Respondent (All by VMR)
Judgment:
22 August 2022
JUDGMENT OF MUIR J
[Re: leave to appeal]
This judgment was delivered by me on 22 August 2022 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date: ………………………….
Solicitors: Medico Law Limited, Auckland
JONES v ACCIDENT COMPENSATION CORPORATION [2022] NZHC 2083 [22 August 2022]
Introduction
[1] The applicant, Mr Jones, seeks the special leave of this Court to appeal a decision of Judge Sinclair declining an application to recall a decision by the Accident Compensation Appeal Authority (Authority). He does so having been declined leave by that Judge.
Background
[2] On 17 July 1991, Mr Jones sprained his back in the course of his employment as a postal assistant with the New Zealand Post Office. Mr Jones was granted cover for the injury and paid earnings related compensation (ERC) for three weeks in August 1991.
[3] After returning to work, Mr Jones suffered a second workplace injury on 29 January 1992. Mr Jones was recorded as unfit for any type of work from 10 February 1992 for several weeks. No separate claim file was made up for the accident with ERC payments being processed under the July 1991 claim.
[4] On 13 April 1992, Mr Jones resumed work but injured his back within one hour of his return. He was certified as unfit to work. The injury was treated as a fresh accident event and a new claim file was opened. ERC was assessed based on an accident occurring on 13 April 1992.
[5] On 2 November 1992, Mr Jones attended a work trial and his weekly compensation was stopped. On 26 January 1993, Mr Jones was certified as unfit to work and payments restarted. The Corporation recalculated his ECR on the basis that there was a new period of incapacity from January 1993. Mr Jones sought review of that decision and in a decision dated 31 March 1994, a reviewer determined that Mr Jones had been continuously incapacitated from 13 April 1992, up to and beyond January 1993. The reviewer directed a recalculation of Mr Jones’ ECR on the basis of his earnings for the period immediately prior to his injury on 13 April 1992.
[6] In March 2015, Mr Jones again contested the calculation of his ECR with the Corporation. His claim was investigat and a new decision was issued in a decision
letter dated 20 June 2017 (the decision letter). The Corporation accepted that the incapacity from 13 April 1992 was related to the incapacity in the two months preceding. For that reason, the Corporation concluded…
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- [2022] NZHC 2083
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