7 Feb 2000
On the evidence the appellants did not establish on the balance of probabilities that their fibromyalgia was caused or meaningfully contributed to by a workplace injury or biomechanical work process, and where psychological or non-physical stressors are the more probable cause s7(4) excludes cover; therefore the appeals are disallowed.
17 Dec 1999
The judge's decision hinged on findings of fact from medical evidence that the appellant's ongoing symptoms were due to degenerative changes (ageing) and not causally connected to the accident; therefore no question of law arose and leave to appeal to the High Court was refused.
28 Oct 1999
Although the appellant was likely incapacitated from performing his hospital employment by severe diarrhoea, on the balance of probabilities the medical misadventure did not cause the personal injury (the underlying disease/irritable colon pre-existed and medical evidence attributed ongoing symptoms to the pre-existing condition and other factors); therefore the statutory requirement that the personal injury be caused by medical misadventure was not satisfied and the appeal must be dismissed.
23 Mar 1999
Leave to appeal was granted because the District Court decision raised real questions of law — specifically the interpretation of s.10 regarding pre-existing degenerative conditions rendered symptomatic by accident, the applicability of the egg-shell skull principle under the Act, and whether a legal issue arises from the inferences to be drawn from the primary facts — warranting High Court consideration.
18 Dec 1997
The Court preferred the expert evidence of Professor Burry (supported by Mr Talbot) that the appellant's ongoing symptoms resulted from soft tissue/inflammatory consequences of the 19 January 1994 twisting injury which rendered a previously asymptomatic degenerative condition symptomatic; therefore the degenerative change was not the substantial cause excluding cover under s.10(2)(a). The Review Officer's decision to cease weekly compensation was revoked and the ACC remained liable. The egg-shell skull principle applied to the extent that pre-existing asymptomatic degeneration exacerbated by…
10 Nov 1997
On the balance of probabilities the medical evidence established that the worker suffered occupational overuse syndrome substantially caused by the nature and manner of her repeated work tasks (awkward repeated lifting) satisfying s.7(a)–(c); non‑employment activities did not materially contribute; therefore the review officer's acceptance of cover is upheld.