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Buis V Acc 208/2003, Ai513/02 Treatment, deemed decision

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Posted 18 November 2005 - 12:18 PM

IN THE DISTRICT COURT HELD AT WELLINGTON

Decision No. 16625/2003
UNDER
The Injury Prevention, Rehabilitation, and Compensation Act 2001

IN THE MATTER
of an appeal pursuant to Section 149 of the Act

BETWEEN
MICHAEL BUIS of Auckland
Appellant


AND
(Appeal No. Al 513/02)
ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act
Respondent

HEARING at AUCKLAND on 24 July 2003

APPEARANCES/COUNSEL
The appellant in person
F. Becroft for respondent

RESERVED JUDGMENT OF JUDGE J. CADENHEAD


The Issue
[1] The issue in this case is whether or not the respondent, on the facts of this case, is liable to pay the costs of treatment incurred by the appellant in a private hospital, without the prior agreement of the respondent?

Attached File(s)


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#2 User is offline   Hatikva 

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  Posted 18 November 2005 - 12:38 PM

Read Me...

On first glance, it would appear that delaying tactics by ACC cannot prevent you from seeking treatment elsewhere and having ACC foot the bill (ultimately).

This is an interesting case, I find that ACC's apparent attempt to weasel out because it "didn't have an agreement signed with DRSL ..." is despicable. (not that it played a part in this case, but that ACC in effect were implying that incompetence on their part in not getting their proverbial act together with their subsidiary DRSL, should fall upon the poor claimant ... and therefore alleviate ACC of responsibility ...???

Thank you for this case, as it may have some bearing on my little go around with ACC ...

The case law so far has been most illuminating. Certainly it is helping me to fix on the points that my solicitor may need information on for my case, and just what I should be looking for in the mounds of paperwork/evidence which I have .....

Keep up the excellent work! :)
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