19 Sept 2014
On the balance of probabilities the Judge accepted Dr Newburn's neuropsychiatric opinion that the appellant sustained a mild traumatic brain injury on 11 March 2011 and that her symptoms as at 6 May 2011 were causally related to that injury; accordingly the Corporation's decision to decline weekly compensation was set aside and the appellant's entitlements restored.
7 Dec 2011
ACC conducted a thorough investigation and on the balance of probabilities was entitled to be 'not satisfied' that the appellant's incapacity was due to his covered physical injuries; there was no formal claim for a mental injury so no deemed decision arose and ACC was not required to decide cover for the conversion disorder prior to suspending entitlements under s117.
18 Nov 2011
A mental injury suffered because of physical injuries can qualify as a treatment injury under ss 20(1)(b), 20(2)(b) and s 32 even if the physical injuries were a necessary or ordinary consequence of proper medical treatment; therefore the mental injury need not rely on the physical injury being independently a covered personal injury.
15 Dec 2010
No question of law arose; Judge Ongley's finding that the physical injury was not a real and substantial cause of the appellant's ongoing condition was a factual conclusion open on the medical evidence, therefore leave to appeal is refused.
24 Mar 2010
There was no evidence that the lumbar puncture caused any physiological or other physical injury outside the ordinary consequences of the procedure; because no qualifying physical injury existed, the appellant's conversion disorder cannot be classed as a mental injury resulting from physical injury under s26(2)(c) and therefore does not meet the statutory definition of a treatment injury under s32; ACC's declination of cover was correct.
11 Jul 2008
On the balance of medical and factual evidence the appellant's chronic pain condition is of predominantly psychological origin (conversion disorder or a chronic pain disorder with overwhelming psychosocial origins) and the 1996 back injury was not shown to be a substantial and effective cause of the continuing incapacity; accordingly ACC's decision to cease entitlements was lawful and the appeal is dismissed.