New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Egg-shell skull rule

Legal area

Court

7 Jul 1998

GMP Joinery & Timber (1990) Ltd v Accident Rehabilitation and Compensation Insurance Corporation

Citation

(1990) Ltd
Court

Unknown Court

The Court held the November 14, 1995 fracture was caused by an external force (impact with a chair arm) and therefore met the statutory definition of an 'accident'; the claimant's pre-existing susceptibility (osteolysis) did not negate that the incident was a separate and distinct accident, so the Review Officer's contrary finding was wrong and revoked.
14 Apr 1997

Tracey Manufacturing Company Limited (Pilkington) v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 52
Court

District Court

Medical evidence established the worker's employment at least unmasked and contributed to her carpal tunnel syndrome; s7 requires only causation or contribution; the egg-shell skull principle applies; there was no finding of a knowing false representation under s7(6); therefore the review officer's determination that the injury was a work injury under s7 is upheld and the appeal is dismissed.