25 Mar 1998
Kane v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 53
- Court
- District Court
The appellant failed to prove on the balance of probabilities that her symptoms were caused by a particular property or characteristic of her employment as required by s7(1)(a); there was no evidence to satisfy s7(1)(c) that the risk was significantly greater for persons performing the employment task; medical opinion favored psychological/fibromyalgia causation which is excluded by s7(4); accordingly the claim for cover fails and the appeal is dismissed. An extension of time to file the appeal was, however, granted as it was always intended to be lodged and justice required it.