29 Apr 2003
The appeal was dismissed because the appellant failed to respond to Registry correspondence and to maintain contact after counsel withdrew; the court found that reasonable attempts to contact him had been made, justifying dismissal for want of prosecution.
25 Jan 2001
The medical evidence (Dr Ching and Professor Gorman) established the appellant's current incapacity resulted from progressive degenerative rotator cuff disease and not causally from the October 20, 1995 accident; therefore ACC correctly ceased entitlements under section 73(1) and there was no basis to order referral or further investigation into a gradual process claim absent a separate claim.
11 Dec 2000
The court found the appellant's current incapacity is now wholly or substantially caused by pre-existing degenerative lumbar spondylosis at L5/S1, which was present at the time of the October 1995 accident; the 1995 accident merely made that degenerative condition symptomatic and did not cause it, so ACC was correct to cease entitlements under the Act.
28 Aug 2000
Medical evidence established appellant's current disabling condition was attributable to osteoarthritis and a chronic pain syndrome not caused by the 1991 injury, and the appellant failed to prove any causal link between her depressive condition and the original injury; therefore the respondent correctly ceased entitlements under s116 because the factual basis for continuing entitlement no longer existed.
9 Dec 1999
On the balance of probabilities the appellant's ongoing L4/5 back problems were caused by a series of accidents involving the same spinal level (including the May 1993 incident) rather than by a genetic or natural degenerative process; Hodgson's contemporaneous surgical and clinical opinion was persuasive and ACC's cessation decision was therefore set aside.