New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Evaluation of medical evidence

  • 2 Oct 2019

    MORGAN v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 2494

    Citation
    [2019] NZHC 2494
    Court
    High Court

    The application for special leave is dismissed because the alleged error was a factual disagreement over diagnosis (multiple chemical sensitivity versus chronic fatigue syndrome) not an error of law; the Judge's factual conclusion that there was no evidence of a physical injury causally linked to paraquat was supported by the medical evidence and therefore there is no qualifying error of law to justify special leave.

    • Special leave to appeal
    • Causation
    • Standard of proof
    • Judicial review
    • Evaluation of medical evidence

  • 26 May 2015

    O'Connor v Accident Compensation Corporation

    Citation
    [2015] NZACC 118
    Court
    District Court

    On the balance of probabilities the index cause of the appellant's rotator cuff tear was the June 2012 carousel incident; the treating surgeon's integrated reasoning and intra-operative findings established a traumatic tear causally linked to the covered injury, therefore the ACC's decision to decline surgery funding was set aside.

    • Causation
    • Cover for surgery
    • Review of acc decision
    • Evaluation of medical evidence

  • 31 Mar 2015

    Irving v Accident Compensation Corporation

    Citation
    [2015] NZACC 78
    Court
    District Court

    The Court preferred the treating surgeon's evidence and intraoperative findings over the Corporation's experts and CAP report, found no persuasive evidence of pre-existing degenerative pathology sufficient to explain the need for surgery, and concluded the appellant's need for surgery was caused by the 7 May 2011 accident; accordingly the Corporation's decision to decline funding was quashed and the appellant entitled to funded surgery and costs.

    • Causation
    • Entitlement to elective surgery
    • Evaluation of medical evidence

  • 28 Feb 2014

    Sharma v Accident Compensation Corporation

    Citation
    [2014] NZACC 42
    Court
    District Court

    The judge accepted the specialist neurological evidence of Dr Wallis that the appellant suffered chronic neuropathic pain and sensory impairment (causalgia) that materially impaired his ability to perform the repetitive, dextrous, undistracted tasks required by his pre-injury employment; Dr Dryson's opinion failed to adequately account for pain-related functional limitations and misread the workplace assessment; accordingly the Corporation's cessation of weekly compensation under s103 was unjustified and the review decision was quashed.

    • Entitlement to weekly compensation
    • Capacity for pre-injury employment under s103
    • Evaluation of medical evidence
    • Review and quashing of administrative decision

  • 30 Jan 2014

    Perry v Accident Compensation Corporation

    Citation
    [2014] NZACC 22
    Court
    District Court

    On the balance of probabilities the available evidence—including imaging showing degenerative change, the appellant's rheumatoid arthritis, independent medical adviser opinions, and the intraoperative findings that rebutted the ultrasound tear diagnosis—demonstrated the shoulder pathology was the result of a gradual degenerative process (and related conditions) rather than the 15 December 2006 accident; therefore the respondent was correct to decline funding and the appeal is dismissed under the Accident Compensation Act 2001 statutory framework.

    • Causation
    • Gradual process versus personal injury
    • Funding for treatment
    • Evaluation of medical evidence
    • Statutory review/appeal

  • 1 Nov 2013

    King v Accident Compensation Corporation

    Citation
    [2013] NZACC 373
    Court
    District Court

    On the balance of probabilities the appellant sustained a full thickness supraspinatus tendon tear in the 5 August 2012 incident, producing immediate significant pain, and therefore the injury is a specific covered event requiring surgery; the respondent's refusal was incorrect and must be quashed.

    • Causation
    • Entitlement to treatment funding
    • Standard of proof
    • Evaluation of medical evidence
    • Judicial review of administrative decision

  • 15 Aug 2013

    Woods v Accident Compensation Corporation

    Citation
    [2013] NZACC 255
    Court
    District Court

    On the evidence as a whole the Court found insufficient objective or expert evidence to overturn the vocational independence determination, insufficient reasonable grounds under s109(2) to conclude post-determination deterioration, and no clear and compelling expert evidence to displace the WPI assessment; accordingly all three appeals were dismissed.

    • Vocational independence
    • Reassessment/deterioration under s109(2)
    • Independence allowance
    • Whole person impairment (wpi)
    • Evaluation of medical evidence

  • 25 Nov 2011

    Kumar v Accident Compensation Corporation

    Citation
    [2011] NZACC 342
    Court
    District Court

    At the relevant date (25 August 2008) the contemporaneous medical evidence (notably Mr Welsh and Mr Kusel, supported by Dr Jansen's review) established the left humeral fracture had healed and that symptomatic cervical spondylosis produced referred pain to the shoulder; opposing opinions were either inconsistent with imaging, lacked contemporaneous basis, or gave no adequate causal explanation. Therefore the respondent had an evidential basis to be not satisfied of continuing entitlement and lawfully suspended entitlements; appeal dismissed.

    • Suspension of entitlements
    • Causation
    • Evaluation of medical evidence
    • Review of administrative decision

  • 11 Oct 2011

    Baker v Accident Compensation Corporation

    Citation
    [2011] NZACC 291
    Court
    District Court

    The Court preferred the opinions of Dr Bohm and Dr Turner that the claimant's current incapacity is attributable to pre‑existing multilevel cervical spondylosis and not to a compensable injury from the February 2008 (or 2006) events; therefore ACC had a sufficient basis to suspend weekly compensation on 7 October 2008 and the appeal is dismissed.

    • Suspension of entitlement
    • Causation between accident and incapacity
    • Pre-existing degenerative conditions
    • Evaluation of medical evidence

  • 18 May 2011

    Hollowood v Accident Compensation Corporation

    Citation
    [2011] NZACC 154
    Court
    District Court

    On the balance of probabilities the appellant's lumbar disc degeneration and incapacity were caused by a work-related gradual process and cumulative workplace events such that ACC's declinature and review decisions were quashed and entitlements reinstated, with the express clarification that Carter Holt Harvey Pulp & Paper Ltd did not cause or contribute to the appellant's work-related gradual process injury.

    • Work-related gradual process injury
    • Single event injury
    • Causation
    • Entitlement to acc cover
    • Evaluation of medical evidence