10 Aug 2004
Smith v Accident Compensation Corporation
- Citation
- [2004] NZACC 238
- Court
- District Court
The balance of medical evidence (Dr Black and Mr Hopkins) established that the appellant suffers from a pre‑existing degenerative lumbar condition for which ageing/degeneration is the substantial cause of his current symptoms; the appellant failed to prove on the balance of probabilities that the covered 20 February 2002 injury remains the substantial cause of ongoing incapacity, therefore ACC was justified in suspending weekly compensation under s117.