4 Oct 1999
Whittaker v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1999] NZACC 277
- Court
- District Court
The appellant failed to prove on the balance of probabilities that her carpal tunnel syndrome arose out of and in the course of her employment under s.7(1); the only specialist opinion (Dr Howard) did not exclude material non-employment causes and indicated multifactorial causation, therefore the onus on the appellant was not discharged and the review officer's decision to decline cover was upheld.
- Statutory interpretation of s.7
- Causation (work-related vs non-employment)
- Scope of administrative review
- Onus of proof