Nicol v Accident Compensation Corporation and Primary Producers Co-operative Society

Nicol v Accident Compensation Corporation and Primary Producers Co-operative Society

On the balance of probabilities the court found that the appellant's prolonged work driving an unsuspended forklift caused degenerative changes that contributed to his cervical disc prolapse and that the risk was significantly greater for persons performing those tasks; consequently the injury is a work-related gradual process under s.33 and cover must be granted from the outset.

Citation
[2003] NZACC 159
Parties
Appellant: Murray Nicol; First Respondent: Accident Compensation Corporation; Second Respondent: Primary Producers Co-operative Society
Court
District Court
Jurisdiction
New Zealand
Judgment Date
21 July 2003
Procedural Posture
Appeal Under Accident Insurance Act 1998 / Decision on Appeal (district Court)
Outcome
Appeal allowed; cover granted for work-related gradual process
Legal Topics
Work Related Gradual Process, Causation, Entitlement to Cover, Section 33 Assessment
Accident Compensation Personal Injury Employment Work Related Gradual Process Causation Entitlement to Cover Section 33 Assessment

Case Brief

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Parties

Murray Nicol

Appellant

Accident Compensation Corporation

First Respondent

Primary Producers Co-operative Society

Second Respondent

Procedural Posture

Appeal Under Accident Insurance Act 1998 / Decision on Appeal (district Court)

Legal Issues

  1. 1 Whether claimant's cervical disc prolapse is 'personal injury caused by a work-related gradual process' under s.33 of the Accident Insurance Act 1998
  2. 2 Whether the particular property or characteristic of claimant's employment caused or contributed to the injury (s.33(2)(b))
  3. 3 Whether the risk of injury was significantly greater for persons performing the employment task than for others (s.33(2)(c))

Ratio Decidendi

On the balance of probabilities the court found that the appellant's prolonged work driving an unsuspended forklift caused degenerative changes that contributed to his cervical disc prolapse and that the risk was significantly greater for persons performing those tasks; consequently the injury is a work-related gradual process under s.33 and cover must be granted from the outset.

Court Disposition

Appeal allowed; cover granted for work-related gradual process

Orders

  • Decision of the Review Officer and respondent declinature set aside; appellant entitled to cover under the Accident Insurance Act 1998 from the outset for the claimed work-related gradual process injury
  • Costs and disbursements awarded against the first respondent fixed at NZD 1500