New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Hernia claims

Legal area

Court

28 Feb 2014

Hoggard v Accident Compensation Corporation

Citation

[2014] NZACC 48
Court

District Court

The appellant failed to prove on the balance of probabilities that his hernia was caused by a traumatic rupture from a single strenuous event: medical evidence established at best a temporal link, the hernia was an indirect inguinal hernia consistent with a pre-existing pathway, there was absence of acute disabling symptoms and there was a significant delay in seeking treatment, therefore ACC's decision to decline cover was correctly upheld.
12 Jan 2012

Schnuriger v Accident Compensation Corporation

Citation

[2012] NZACC 2
Court

District Court

Judge PF Barber accepted the appellant as an honest and credible witness, and applying common sense to the totality of evidence concluded on the balance of probabilities that the appellant suffered an accident while fencing (dated as 28 May 2010) which caused his hernia; therefore ACC's decision of 21 July 2010 declining cover was incorrect and was set aside.