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Butler V Acc 1 2004 Ai 331 03 decision, jurisdiction and hearing aids

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Posted 18 November 2005 - 07:26 PM

IN THE DISTRICT COURT
HELD AT CHRISTCHURCH REGISTRY

Decision No. Al 331/03

1 /2004

UNDER

The Injury Prevention, Rehabilitation, and Compensation Act 2001

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


BETWEEN

KENNETH JOHN BUTLER
Appellant

AND

ACCIDENT COMPENSATION CORPORATION
Respondent

HEARING at CHRISTCHURCH on 3 December 2003
DATE OF THIS DECISION 13 January 2004

APPEARANCES/COUNSEL
The appellant on his own behalf
Mr C J Hlavac, counsel for Respondent


DECISION OF JUDGE P F BARBER

The Issue

[1] On 9 April 2003 the appellant had applied for a Review to challenge the Respondent's so-called "decision" of 1 April 2003 (set out below) in which it again effectively declined to fund the cost of a hearing aid for the appellant. By a written decision of 18 June 2003 the Reviewer, Mr S W Winter, found that the appellant does not have Review rights for the said so called decision and dismissed the appellant's said application for Review. The issue in this appeal is whether the Review Officer had jurisdiction to consider the appellant's said application for Review of the letter to him from the Respondent dated 1 April 2003 parts of which read as follows;

"Thank you for the further information you have provided to ACC from Bernadette Collins and please accept our sincere apologies for the delay in responding to you.
Unfortunately ACC is unable to accept the opinion of a Hearing Therapist would supersede the opinion of an Ear, Nose and Throat (ENT) Specialist."

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#2 User is offline   hukildaspida 

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Posted 23 July 2012 - 01:11 PM

Did this case ever get amicably resolved, as it should have been in the first instance, within http://www.acc.co.nz own internal administrative obligations
& in accordance with the Code of Conduct?

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