28 Jan 1998
Davies Law v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 5
- Court
- District Court
The Court held s90(9)'s requirement that a review hearing be 'commenced' was satisfied by convening the parties at the appointed venue and the adjournment on 3 October 1996 meant the hearing commenced within three months; on substantive causation the Court found the evidence established a gradual process rather than a specific event as required by s3, medical evidence was neutral and, on the balance of probabilities, the injury was not caused by an accident in the course of employment, therefore the Review Officer's decision was revoked.