12 Jan 2012
Judge PF Barber accepted the appellant as an honest and credible witness, and applying common sense to the totality of evidence concluded on the balance of probabilities that the appellant suffered an accident while fencing (dated as 28 May 2010) which caused his hernia; therefore ACC's decision of 21 July 2010 declining cover was incorrect and was set aside.
30 Oct 2009
The court preferred the treating practitioners' opinions (particularly the orthopaedic surgeon who had examined the patient) that the appellant's continuing shoulder condition remained causally linked to the accident and therefore ACC's decision to decline funding was quashed and funding for the physiotherapy sought was ordered.
22 Sept 2009
The dermatitis was not caused by the covered lumbar sprain but only exacerbated by consequences of that injury; the causation requirement for ACC cover is not met and the identical issue had been finally determined by Decision No. 45/07, so the appeal is dismissed as res judicata.
22 Aug 2007
Claim dismissed because claimant failed to establish a discrete physical injury on the evidence; absent proof of a physical injury the statutory tests in s30 cannot be met and ACC's decision to decline cover was correctly upheld.
2 Apr 2003
On the facts the physical injuries inflicted during the violent assault were a substantial cause of the appellant's post-traumatic stress disorder and depressive disorder; the mental injury therefore qualifies as an 'outcome' of the physical injuries under s.4 and appellant is entitled to ACC cover. The s.8(3) alternative failed because there was no objective evidence the assault met the elements of indecent assault.
17 Oct 2000
The Review Officer had jurisdiction to consider the section 10 issue; however the medical evidence did not establish that the appellant's ongoing symptoms were wholly or substantially the result of pre-existing disc degeneration and therefore ACC's decision to cease entitlements under section 73(1) was unsupported and must be revoked; cover and entitlements are reinstated from the date they were ceased.