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Hayes V Acc 135 96 Dca 76 96 surgery, deemed review decisions

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Posted 19 November 2005 - 01:13 PM

IN THE DISTRICT COURT HELD AT PALMERSTON NORTH

Decision No. 135 /96

UNDER

The Accident Rehabilitation and Compensation Insurance Act 1992

AND
IN THEMATTER of an appeal pursuant to section 91 of the Act

BETWEEN

CHRISTOPHER HAYES of
Palmerston North
Appellant
(Appeal No. DCA 76/96)

AND
ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act
Respondent

HEARD on the 17th day of September 1996

APPEARANCES
Mr A R V Rowlett - advocate for appellant
Mr T P Cleary for respondent


DECISION OF JUDGE A W MIDDLETON

The issue in this appeal is the application of s.90(9) of the Accident Rehabilitation and Compensation Insurance Act 1992.

The appellant lodged a claim with the respondent on 30 June 1989 for an injury suffered to his left elbow on 17 June 1989. The appellant was granted cover and received assistance for hospital treatment and an operation and weekly compensation. On 28 August 1992 the appellant applied for approval for further private hospital treatment costs which application was declined by the respondent on the grounds that the treatment was not necessary for the return of the appellant to his principal economic activity. The appellant applied for a review of that decision on 28 September 1992 and in that application stated "why should there be any change to private hospital, when you have all ready (sic) let one happen - surgery may return my arm so

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