New Zealand Case Law: Decisions & Judgments

Topic

Delay in treatment

Legal area

Court

12 May 2022

REILLY v ACCIDENT COMPENSATION CORPORATION [2022] NZHC 1008

Citation

[2022] NZHC 1008
Court

High Court

Applying the statutory definition of treatment and established causation law, the District Court correctly applied the balance‑of‑probabilities test and did not err in preferring the infectious disease evidence; there was insufficient evidence to find that the seven‑to‑eight hour delay probably caused or materially worsened the appellant's GBS outcome, so ACC's decline of cover was upheld.
23 May 2014

Dellow v Accident Compensation Corporation

Citation

[2014] NZACC 132
Court

District Court

On the balance of probabilities the Court preferred the specialist surgeon Mr Mason's opinion that a rupture or traumatic injury to the left inguinal region probably occurred as a result of the workplace accident on 9 May 2012, and that the delay in presentation did not conclusively preclude causation; accordingly ACC must provide personal injury cover for the left hernia.
1 Nov 2010

Corbishley v Accident Compensation Corporation

Citation

[2010] NZACC 192
Court

District Court

On the evidence the Court was satisfied on the balance of probabilities that delays in diagnosis/deferring surgery significantly contributed to the appellant's adverse outcome, the appellant discharged the onus of proof and ACC did not prove the injuries were wholly or substantially caused by an underlying condition, therefore the treatment injury exception did not apply and ACC's denial of cover was incorrect.

New Zealand Case Law

REILLY v ACCIDENT COMPENSATION CORPORATION [2022] NZHC 1008

Dellow v Accident Compensation Corporation

Corbishley v Accident Compensation Corporation