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I am reviewing this which appears familiar to me.
If there is a review decision which says that you are now entitled to earnings related compensation and surgical assistance, and ACC have refused to pay in terms of that review decision, they must provide reasons. I was not sure from your description whether you have such a decision. Do you have a review decision which explicitly says that you are entitled to something?
Is your point really that they have avoided making decisions, and that therefore they have avoided liability? Refusing to make a decision is itself a reviewable matter. But the problem is, that there appears to be considerable delay in pursuing the remedies. Judicial review proceedings in the High Court would be compromised because it is a principle that relief should be sought quickly in judicial review.
Fundamentally the problem is that your case has been argued on review, on appeal to the District Court, to the High Court before Gilbert J, and to the Court of Appeal. None of them upheld your argument that you are entitled to compensation. Your issue is what do you do next? I think you have comprehensively explored your options before the different levels in court, and I suspect you may also have asked the ombudsman to intervene. If you have explored all of those options, then there is nothing further which can be done. That may appear unattractive to you, but is the reality of your position
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My perception of your issue is that you want to get ACC to pay defence-related compensation and to pay your medical expenses. There are formidable hurdles including the fact that you have thoroughly explored your options through arguments in all levels of court. So your question is, how can you get compensation and medical expenses in a situation where ACC refuse to support you, and where you have taken this refusal as far as the Court of Appeal. The answer is, although you may not like it, that you have exhausted your remedies.
I understand that you are not getting any entitlements. I have also looked at the results of those court cases, which explains why you are not getting those entitlements. You may not like the results, but ACC will obviously comply with whatever the court says. You have made a number of statements of principle in the latest reply, and of course ACC does have a statutory requirement to pay earnings related compensation and for surgery required after an injury. I have not seen any court decision which says you should be getting compensation. I am not sure whether this is getting to, but it can be expressed simply. You want compensation, have litigated this to the Court of Appeal without success, and need to know your next step. There is no next step.
I dont believe I can add anything useful. So you are free to seek a refund