Alexander v Accident Compensation Corporation

Alexander v Accident Compensation Corporation

On the balance of probabilities the appellant's ongoing symptoms are causally connected to the acknowledged work-related injury (right lateral epicondylitis arising from repetitive keyboarding and a poorly adjusted workstation) and therefore the appellant is entitled to ACC cover under section 7; the reviewers'...

Source-derived case information.

Citation
[2000] NZACC 273
Parties
Appellant: Donna Leanne Alexander; First Respondent: Accident Compensation Corporation; Second Respondent: Contact Energy Limited
Court
District Court
Jurisdiction
New Zealand
Judgment Date
19 October 2000
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 / Judgment on Appeal (reserved)
Outcome
Appeal allowed; appellant entitled to ACC cover for the work-related injury and ongoing symptoms
Legal Topics
Work Related Injury, Causation (section 7), Incapacity (section 37 A), Review of ACC Decisions, Medical Causation Evidence
Accident Compensation Personal Injury Employment Law Administrative Law Work Related Injury Causation (section 7) Incapacity (section 37 A) Review of ACC Decisions +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Donna Leanne Alexander

Appellant

Accident Compensation Corporation

First Respondent

Contact Energy Limited

Second Respondent

Procedural Posture

Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 / Judgment on Appeal (reserved)

Legal Issues

  1. 1 Whether the appellant's ongoing incapacity is the result of a work-related injury under section 7 of the Act
  2. 2 Whether regional pain syndrome/fibromyalgia and continuing wrist/arm symptoms are causally linked to the diagnosed right lateral epicondylitis and workplace factors
  3. 3 Whether non-physical/psychosocial factors negate ACC cover for ongoing symptoms

Ratio Decidendi

On the balance of probabilities the appellant's ongoing symptoms are causally connected to the acknowledged work-related injury (right lateral epicondylitis arising from repetitive keyboarding and a poorly adjusted workstation) and therefore the appellant is entitled to ACC cover under section 7; the reviewers' conclusion that ongoing symptoms were unrelated was erroneous given the totality and timing of medical and workplace evidence.

Court Disposition

Appeal allowed; appellant entitled to ACC cover for the work-related injury and ongoing symptoms

Orders

  • Appeal allowed
  • Appellant is entitled to ACC cover for the work-related injury (right lateral epicondylitis) and associated ongoing symptoms