Ese v Accident Compensation Corporation

Ese v Accident Compensation Corporation

Judge found on the balance of probabilities that the appellant suffered bilateral carpal tunnel syndrome originating in 1995 caused by repetitive bank teller/accounts maintenance duties, that the 1998 presentation was a continuation not a separate non‑work condition, and that the s7(1)(a)‑(c) requirements were satisfied; accordingly ACC cover was reinstated from date of cessation and costs awarded.

Citation
[2000] NZACC 139
Parties
Appellant: Isa Ese; First Respondent: Accident Compensation Corporation; Second Respondent: ANZ Banking Group (NZ) Limited
Court
District Court
Jurisdiction
New Zealand
Judgment Date
9 June 2000
Procedural Posture
Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / District Court Appeal Hearing and Reserved Judgment
Outcome
Appeal allowed; appellant's ACC cover reinstated from date of cessation; costs awarded
Legal Topics
Section 7 Cover (gradual Process), Carpal Tunnel Syndrome, Fibromyalgia/pain Syndrome, Causation and Contribution, Section 10 Exclusion, Review of Administrative Decision
Accident Compensation Employment Personal Injury Occupational Health and Safety Section 7 Cover (gradual Process) Carpal Tunnel Syndrome Fibromyalgia/pain Syndrome Causation and Contribution +2 more

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Parties

Isa Ese

Appellant

Accident Compensation Corporation

First Respondent

ANZ Banking Group (NZ) Limited

Second Respondent

Procedural Posture

Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / District Court Appeal Hearing and Reserved Judgment

Legal Issues

  1. 1 Whether appellant's condition satisfies s7(1) as a gradual process injury arising from employment
  2. 2 Whether the predominant condition was non‑work fibromyalgia excluding cover under s10
  3. 3 Whether the 1998 presentation was a continuation of the 1995 injury or a new event

Ratio Decidendi

Judge found on the balance of probabilities that the appellant suffered bilateral carpal tunnel syndrome originating in 1995 caused by repetitive bank teller/accounts maintenance duties, that the 1998 presentation was a continuation not a separate non‑work condition, and that the s7(1)(a)‑(c) requirements were satisfied; accordingly ACC cover was reinstated from date of cessation and costs awarded.

Court Disposition

Appeal allowed; appellant's ACC cover reinstated from date of cessation; costs awarded

Orders

  • Second respondent to meet the costs of the reports from Mr Kusel and Dr Koerbin