9 Feb 2018
Smith v Accident Compensation Corporation (Declining Cover Mental Injury)
- Citation
- [2018] NZACC 35
- Court
- District Court
On the balance of probabilities the Court accepted the weight of medical evidence (including Drs Davis, Goodwin, Aamir and treating clinicians) that the appellant's chronic pain disorder and resultant major depressive disorder were causally linked to the June 2005 shoulder injury. The Court rejected the view that the presentation was solely a bereavement reaction and found any pre-2005 pain syndrome was not shown to be an active, causative condition at the time of the 2005 injury. Applying the statutory 'results from' causation test the Court concluded the 2005 injury was a real and effective…