New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Chronic pain diagnosis

Legal area

Court

10 Aug 2011

Carbin v Accident Compensation Corporation

Citation

[2011] NZACC 214
Court

District Court

The respondent's decision to decline funding for a further musculoskeletal specialist assessment was correct because the existing orthopaedic reports and imaging established a diagnosis of Chronic Pain Syndrome and excluded any surgically remediable condition, so further specialist assessment was unnecessary and ACC's funding obligation is limited to appropriate treatment under Clause 1 Schedule 1.
4 Jun 2009

Brennan v Accident Compensation Corporation

Citation

[2009] NZACC 101
Court

District Court

The Court found the specialist evidence diagnosing a localized thoracolumbar soft tissue source of pain (T12/L1) had independent support and greater weight than the general diagnosis of a diffuse psychosocial chronic pain syndrome; on that basis the 25 January 2005 fall was a substantial cause of the appellant's ongoing symptoms and ACC cover for the 2005 accident should extend to the thoracolumbar injury.