24 Jan 2014
On the balance of probabilities the Judge found the 1990 accident was a significant contributing cause that initiated or materially contributed to the appellant's degenerative change at L5/S1 and that the covered injury remained a causative factor in his 2009 condition; accordingly the review decision was quashed and entitlements reinstated.
27 Apr 2012
The court held that ACC had admissible medical evidence (Dr Beaumont) establishing that the respondent's condition was a non-specific pain syndrome not causally linked to the covered tenosynovitis; a deemed grant of cover does not prevent ACC from suspending entitlements where it is not satisfied on the evidence, and therefore the suspension dated 13 January 2010 was correctly made and is reinstated.
23 Sept 1997
On the balance of the evidence the Court upheld the Review Officer's factual finding that the appellant's need for surgery and the resulting incapacity were primarily consequences of the pre-existing 1973 injury and progressive deterioration rather than being caused by the August 1994 accident; medical evidence did not establish that the appellant would have remained at his pre-1994 level of function absent the 1994 incident, so entitlement under the 1992 Act was not made out.