31 Jul 2012
Public Trust as Executor and Trustee of the Estate of Baker v Accident Compensation Corporation
- Citation
- Public Trust as Executor and Trustee of the Estate of Baker v Accident Compensation Corporation
- Court
- District Court
On the facts the Court held that (1) ACC lawfully may revise deemed decisions under s65 and did not misuse that power in issuing revocations after further investigation; (2) the psychiatric evidence of Dr Codyre and, more comprehensively, Dr van der Westhuizen established a clinically significant depression causally linked to the 1986 amputation within the meaning of ss26 and 27, so the revocation of deemed cover for depression was quashed and cover for depression reinstated; and (3) by contrast the evidence (notably hepatologist Dr Gane and Dr Collier) established that hepatitis C and the re…