New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Coverage of medical treatment

Legal area

Court

24 Sept 2015

Davies v Accident Compensation Corporation

Citation

[2015] NZACC 277
Court

District Court

Judge preferred the opinions of Mr Hunter and Mr Marshall over the treating specialists because the contemporaneous medical records and prior imaging demonstrated longstanding degenerative disc disease and past sciatica episodes, the MRI appearances were substantially unchanged since 2008, and surgical findings removed degenerative disc material; therefore the disc prolapse was attributable to a degenerative pre-existing process and not the 7 April 2011 accident, so ACC correctly declined funding and the appeal is dismissed.
12 Sept 2013

Kennedy v Accident Compensation Corporation

Citation

[2013] NZACC 300
Court

District Court

The appellant failed to prove on the balance of probabilities that the surgery sought treats a personal injury caused by the covered accident rather than a pre-existing gradual condition; respondent medical opinions were preferred and the primary decision was therefore correct; award of review hearing costs under s148 ordered.
6 Oct 2003

Osborne v Accident Compensation Corporation

Citation

[2003] NZACC 243
Court

District Court

The appeal is dismissed because the appellant failed to produce medical evidence demonstrating that the need for Xenical was the direct result of the covered mental injury; without such evidence the Court will not overturn the Reviewer's finding.