27 Aug 2015
Spencer v Accident Compensation Corporation
- Citation
- [2015] NZACC 252
- Court
- District Court
On the balance of probabilities Work Aon/ACC was not prejudiced by the delayed claim because credible contemporaneous witness evidence of symptoms and a specialist medical opinion linking the 2003 lifting event to the supraspinatus tear provided a sufficient evidentiary basis for a cover decision under s53(3).
- Limitation period (s53)
- Prejudice to insurer/claims manager
- Medical causation (supraspinatus tear)
- Evidence sufficiency
- Accredited employer recording obligations