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Andrew

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Health Law

Accident Compensation

Compensation for personal injury is regulated by the Injury Prevention, Rehabilitation, and Compensation Act 2001 and its predecessors. The statutory scheme is complex, and the appeal rules are very restrictive. I have conducted many appeals in the District Court, High Court and Court of Appeal.

Judicial review is not normally available in accident compensation matters, but may occasionally provide an additional avenue of accountability. I have run a number of judicial review arguments in this field.

Accredited employers

The legislation allows for employers to play the role of the Accident Compensation Corporation in certain circumstances. The partnership between the Corporation and accredited employers is regulated by statute and contract, and can give rise to difficult issues. I have expertise in contract law, and in the operation of the legislation, as well as familiarity with the provisions of the partnership agreement.

Health practitioners

Legal issues facing health practitioners include contractual liability, negligence, and professional disciplinary matters. I have experience in all of these areas of the law, and have appeared in the Coroner’s Court, Health Practitioners Disciplinary Tribunal, and the regular courts. '

See also Professional Discipline.

Significant cases

  • Martin v ACC [2009] 3 NZLR 701: Ability of court to reconsider report of medical assessor.
  • McGrath v ACC 1/5/09, Miller J, High Court Wellington CIV-2008-485-2436 (currently under appeal to the Court of Appeal): Judicial review of decision to require Vocational Independence Medical Assessment.
  • Wildbore v ACC [2009] 3 NZLR 21; (2009) 9 NZELC 93,161; (2009) 19 PRNZ 239: Proper approach to be taken on appeal from decision by reviewer.
  • Siola’a v Wellington District Court [2009] NZAR 23 (CA): Ability of ACC to waive time limits for appeal.
  • Ellwood v ACC [2007] NZAR 205; (2007) 8 NZELC 98,657: Onus on ACC when suspending entitlements.
  • Ramsay v Wellington District Court [2006] NZAR 136 (CA): Scope of judicial review under ACC legislation.

Publications

  • “Second class Justice” [2008] NZLJ 133 .

Contact:
Level 3 Legal House
101 Lambton Quay
PO Box 5601
Wellington
New Zealand

Ph: +64 4 472 8595
Fax: +64 4 499 4620
Email: andrew.beck@xtra.co.nz

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