9 May 2014
Smits v Accident Compensation Corporation
- Citation
- [2014] NZACC 119
- Court
- District Court
The grant of cover was made in error because the decision relied on an incorrect factual assumption that the appellant was working when symptoms began; material evidence shows symptoms began after he stopped work, making work causation unlikely. Medical evidence established that the appellant's incapacity was primarily due to osteoarthritis rather than the covered bilateral carpal tunnel syndrome, so revocation under s65 was correct and weekly compensation was properly declined.