10 Aug 2004
Phillips v Accident Compensation Corporation
- Citation
- [2004] NZACC 237
- Court
- District Court
On the balance of probabilities the specialist medical evidence (Dr Beacham and Dr Hancock), supported by workplace observation and objective imaging, established that a property or characteristic of the appellant's employment (repetitive flexion with rotation and lifting) caused or materially contributed to degeneration of the L4/L5 disc and that the risk was significantly greater for persons performing that task; absence of broad epidemiological studies did not preclude a finding of causation in this individual case, so the decision declining cover was quashed and cover granted from the dat…