11 Oct 2013
On the balance of probabilities the physical injuries sustained in the 9 September 1995 accident were substantially responsible for the appellant's chronic pain syndrome/fibromyalgia; consequently the Corporation's decisions declining and suspending cover were quashed and cover must be recognised and entitlements restored.
21 Mar 2012
On the balance of probabilities the Court preferred the orthopaedic surgeons' opinions and the contemporaneous evidence of ongoing back pain since the 1999 T12 fracture and found the appellant's chronic pain syndrome is causatively linked to the covered 1999 injury; ACC's decision declining cover was quashed and replaced.
30 Jun 2008
Judge accepted medical evidence that chronic pain syndromes can be caused by prior covered injuries through central sensitisation and found the respondent failed to establish sufficient basis to be "not satisfied" under s117; therefore the suspension decision of 17 January 2005 was wrong and was quashed, with weekly compensation to be reinstated from the date it ceased.
18 Jul 2005
The appellant failed to establish on the available medical evidence that she sustained a specific work-related physical injury or that occupationally related neuropathy as evidenced in the literature had been demonstrated in her case as a physical injury causing her pain syndrome; the Greening study and expert opinion did not prove causation or injury on the facts, so the revocation of cover must stand.
17 Jun 2005
The appellant had pre-existing fibromyalgia; the June 2002 motor accident caused only a neck strain and at most aggravated the existing fibromyalgia rather than causing a new compensable physical injury; because fibromyalgia is not a compensable personal injury under the Act and no ongoing physical injury from the accident was established, the suspension of entitlements was lawful.
21 Oct 2004
Fibromyalgia, being a central sensitisation pain syndrome, is not compensable per se; appellant failed to establish that his fibromyalgia was caused by a discrete physical injury for which ACC cover exists or by a proven gradual process arising from his work under s7, therefore the decision to decline cover was correctly affirmed.
23 Aug 2004
On the balance of probabilities the appellant failed to prove that his current symptoms were substantially caused by the covered 7 June 2002 injury; medical evidence of degenerative spondylosis and the expert opinion of Dr Dryson outweigh Dr Speedy's contrary view, so ACC's suspension of entitlements is upheld.
9 Aug 2004
The appeal is dismissed because on the balance of probabilities the appellant did not establish an identifiable physical injury within the meaning of the Act; neuronal 'budding' or rewiring and chronic pain syndromes, as evidenced here, do not meet the statutory requirement for a physical injury and established precedents (Teen and related cases) were followed.
7 Nov 2003
On the balance of probabilities the appellant's fibromyalgia/regional pain syndrome was a consequence of the covered bilateral carpal tunnel syndrome; ACC's suspension of entitlements under s116 was therefore incorrect and must be quashed with entitlements reinstated from the date of suspension.
1 Oct 2001
The appellant failed to establish on the balance of probabilities that a discrete physical injury caused by a particular workplace task, property or characteristic existed; the medical evidence was non-specific and lacked contemporaneous workplace assessment and therefore did not satisfy s.7's causation requirements, so the respondent's decision to decline cover was correct.