8 Nov 2018
Olsen v Accident Compensation Corporation (Claim for Cover)
- Citation
- [2018] NZACC 180
- Court
- District Court
The appeal was dismissed because the evidence before the Court was insufficient to establish on the balance of probabilities that the 9 August 2003 assault caused the claimed post‑concussion syndrome and adjustment disorder; there was significant evidence of pre‑existing symptoms and independent medical causes, conflicting expert opinions were resolved in favour of the neurosurgical evidence which was more comprehensive, and the claimant refused further recommended specialist assessments that could have addressed causal nexus.