New Zealand Case Law: Decisions & Judgments

Topic

Adequacy of investigation

Legal area

Court

24 Mar 2014

Wootton v Accident Compensation Corporation

Citation

[2014] NZACC 77
Court

District Court

On the available evidence the clinical features sufficient to diagnose cauda equina syndrome were not established on 2 July 2010 and expert opinion supports ACC's conclusion; however ACC's investigation inadequately sought evidence from the treating GP (Dr A), so while the decision declining cover is supported on current evidence the matter is left on an interim basis to allow further investigation and written submissions before a final determination.
4 Jul 2013

Burns v CareAdvantage

Citation

[2013] NZACC 184
Court

District Court

On the balance of probabilities the assault on 17 November 2009 caused physical injuries to Ms Burns' lumbar spine and her ongoing symptoms are causally linked; Care Advantage's investigation was inadequate and its decision to decline cover was unreasonable; the reviewer's decision is quashed and respondent must grant appropriate cover.
29 May 2013

Sturgess-Monks v Accident Compensation Corporation

Citation

[2013] NZACC 150
Court

District Court

On the balance of probabilities the evidence did not establish that the first surgeon failed to excise the pilonidal sinus or that ACC unreasonably failed to investigate; the ongoing symptoms were consistent with recognised recurrence/ordinary consequences of treatment and therefore did not constitute a compensable treatment injury; appeal dismissed.
14 Dec 2012

Kingi v Accident Compensation Corporation

Citation

[2013] NZACC 20
Court

District Court

Appeal dismissed because available medical evidence did not establish that the shoulder condition was a work-related gradual process injury; however ACC must investigate separately the claim that the injury arose from a series of events during the cobblestone job and prior factual findings on the gradual process claim shall not bar that investigation.
10 Jul 2009

Luke v Accident Compensation Corporation

Citation

[2009] NZACC 114
Court

District Court

On the balance of probabilities the appellant suffered right lateral epicondylitis as a gradual process personal injury caused by repetitive, forceful avocado-picking and that injury was present when he ceased work; ACC's initial investigation was inadequate and cover must be granted.

New Zealand Case Law

Wootton v Accident Compensation Corporation

Burns v CareAdvantage

Sturgess-Monks v Accident Compensation Corporation

Kingi v Accident Compensation Corporation

Luke v Accident Compensation Corporation