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Buckland V Acc 31 96 Dca 205 95 s 90(9) ARCI Act 92 deemed determnation

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Posted 19 November 2005 - 10:37 PM

IN THE DISTRICT COURT HELD AT WELLINGTON

Decision No. 31/96

IN THE MATTER of The Accident Rehabilitation and Compensation Insurance Act 1992
AND
IN THE MATTER of an Appeal pursuant to Section 91 of the Act

BETWEEN


K J BUCKLAND
Appellant
(Appeal No. DCA 205/95)

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

HEARD on the 22nd day of April 1996

APPEARANCES
Mr G L Evans for appellant
Mr A R Davie for respondent


DECISION OF JUDGE D A ONGLEY

The appellant suffered a back injury on 15 May 1986 and was paid weekly compensation until August 1986 when his medical certificate expired and his claim file was closed. In December 1993 the appellant raised a question about lump sum payments under the Accident Compensation Act 1982 and on 28 March 1994 the Corporation wrote to the appellant's solicitors declining to consider payment of lump sums because of the late election which had been made after the closing dates specified in the transitional provisions of the Accident Rehabilitation and Compensation Insurance Act 1992. The appellant filed an application for review of the Corporation's decision but through some manner of oversight the review was not acted upon and the three month period specified in s 90(9) of the Act was allowed to pass. That subsection provides that where the hearing of a review has not been commenced within three months after the lodging of the application for review, and the delay is not caused or contributed to by the applicant, the application shall be deemed to have been determined in favour of the applicant.

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