10 Dec 2009
The appeal was dismissed because the medical evidence was inconclusive and did not establish that the appellant suffered a physical injury causally linked to her employment; without proof of injury the statutory ACC cover conditions for a gradual process claim were not satisfied.
9 Mar 2005
On the evidence the appellant did not suffer a discrete antecedent physical injury at the time of her 1996 claim; her condition is a chronic pain/fibromyalgia-type syndrome without objective focal physical injury, and such a primary pain syndrome does not satisfy the statutory definition of ‘personal injury’ (physical injury) under the 1992 Act; therefore ACC correctly revised and revoked the earlier grant of cover.
26 Jun 2000
On the balance of probabilities the appellant suffered a physical injury in the course of employment (initial OOS and thoracic spine sprain) caused or substantially contributed to by prolonged computer use under stressful conditions and inadequate workstation ergonomics; that causal nexus satisfies section 7(1) criteria and overcomes competing medical opinion attributing the syndrome to non-physical stress, thereby entitling the appellant to ongoing cover.