New Zealand Case Law: Decisions & Judgments

Topic

Chronic pain

Legal area

Court

9 Feb 2018

Smith v Accident Compensation Corporation (Declining Cover Mental Injury)

Citation

[2018] NZACC 35
Court

District Court

On the balance of probabilities the Court accepted the weight of medical evidence (including Drs Davis, Goodwin, Aamir and treating clinicians) that the appellant's chronic pain disorder and resultant major depressive disorder were causally linked to the June 2005 shoulder injury. The Court rejected the view that the presentation was solely a bereavement reaction and found any pre-2005 pain syndrome was not shown to be an active, causative condition at the time of the 2005 injury. Applying the statutory 'results from' causation test the Court concluded the 2005 injury was a real and effective…
4 Oct 2016

Gordon v Accident Compensation Corporation

Citation

[2016] NZACC 280
Court

District Court

The reviewer and medical assessors gave comprehensive, contemporaneous consideration to the appellant’s pain, medication and functional limitations; the weight of specialist medical evidence supporting capacity to sustain 30+ hours in the identified sedentary/light work types outweighed the GP’s restrictive opinion; vocational rehabilitation and work trial were sufficient for VI purposes and the late introduction of neuropsychological diagnosis of a mental injury was not appropriate on appeal and lacked the evidential basis to overturn the VI decision; accordingly the reviewer’s decision was…
8 Sept 2015

Hona v Accident Compensation Corporation

Citation

[2015] NZACC 272
Court

District Court

The reviewer's decision was upheld because on the balance of probabilities the expert evidence (Dr Vickers and peer reviewer Dr Fernando) persuasively showed ongoing pain is attributable to physical conditions (CRPS/osteoarthritis) and does not amount to a clinically significant behavioural, cognitive or psychological dysfunction required for a s27 mental injury; Dr Newburn's reports failed to adequately differentiate physical pathology from mental injury.
19 Dec 2014

Knight v Accident Compensation Corporation

Citation

[2014] NZACC 338
Court

District Court

On the evidence the Corporation did not possess clear, unambiguous medical proof to be 'not satisfied' that entitlements should be suspended for either the 1986 back injury or the 2006 head injury; conflicting specialist opinions left causation uncertain for 1986 and medical and neuropsychological evidence supported a causal link for the 2006 mild TBI, so both appeals succeed and the suspension decisions are quashed.
6 Nov 2014

Reesby v Accident Compensation Corporation

Citation

[2014] NZACC 302
Court

District Court

The Court found that reliance on the VIMA (Dr Antoniadis) as a definitive 'snapshot' was inappropriate because contemporaneous and subsequent specialist evidence demonstrated a continuous, long‑standing depressive illness and pain disorder that predated and affected the time of assessment; consequently both the VIOA and VIMA were materially flawed and the review decision upholding vocational independence was wrong and must be quashed.
6 Nov 2014

Pue v Accident Compensation Corporation

Citation

[2014] NZACC 303
Court

District Court

On the balance of probabilities the court found the 2008 accident caused a physical injury which led to an atypical level of chronic pain and that the pain was a sufficient cause of a psychiatric condition (mixed anxiety and depressed mood/adjustment disorder). The court preferred the opinions of Dr Brick and Dr Vijayasenan over ACC's experts and therefore allowed the appeal and directed ACC to provide cover for the mental injury.
15 Oct 2014

I-R v Accident Compensation Corporation

Citation

[2014] NZACC 256
Court

District Court

Medical evidence established chronic pain from covered physical injuries (Axis III) causing pain during intercourse due to posture, but did not establish a clinically significant cognitive or psychological dysfunction required by s27; therefore decline of cover for a mental injury was correct and the appellant may instead pursue impairment reassessment for physical injury entitlements.
17 Sept 2014

Torrie v Accident Compensation Corporation

Citation

[2014] NZACC 222
Court

District Court

On the evidence before the Corporation the appellant was not likely to achieve vocational independence at the time of referral; the VIMA by Dr Reekie was inadequate because it failed to consider and reconcile key medical and occupational evidence (notably persistent pain, limited endurance, recommendations for pain specialist referral and slower pace), and therefore the vocational independence decision was invalid and must be set aside and entitlements reinstated.
10 Apr 2014

Parkinson v Accident Compensation Corporation

Citation

[2014] NZACC 91
Court

District Court

The VIMA by Dr Hartshorn was adequate and properly considered history, rehabilitation, FCE results, pain and medication; the evidence supported vocational independence in the work types Refuge Worker and Hospitality Worker NEC but the VIOA findings were modified as to clerical roles because of limited current computer/clerical skills and Diversional Therapist was only suitable in an unqualified supervised role; on balance the appellant was not shown to be disabled from light/sedentary 30+ hour work in the two upheld roles and the appeal is dismissed.
31 Jan 2014

Jacobsen v Accident Compensation Corporation

Citation

[2014] NZACC 23
Court

District Court

The medical assessment (VIMA) was inadequate because it failed to evaluate how chronic pain, pain medication and the claimant's depression would physiologically and cognitively affect her ability to sustain 30 or more hours per week in the seven identified work types and failed to require or explain work trials or completion of an essential multidisciplinary pain management programme; the court preferred the treating occupational physician (Dr Berry) who limited sustainable hours and recommended work trials and further rehabilitation, and accordingly the respondent's decision was quashed and…