New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Hernia guidelines

  • 23 Nov 2016

    Rangi v Accident Compensation Corporation

    Citation
    [2016] NZACC 304
    Court
    District Court

    On the evidence the appellant did not establish that the hernia resulted from an acute traumatic tearing in the December 2013 lifting event: contemporaneous records, delay to presentation and diagnosis, unclear severity of pain, and persuasive medical opinion supporting gradual degenerative onset mean the ACC hernia guidelines are not met and the Corporation's decision to decline cover is upheld.

  • 29 Jun 2016

    Wairau v Accident Compensation Corporation

    Citation
    [2016] NZACC 178
    Court
    District Court

    The evidence did not establish traumatic causation on the balance of probabilities: the temporal link between the lifting event and hernia was weak, the event was routine rather than a single strenuous incident, there was absence of significant pain at the time, and medical opinion and literature supported a non‑traumatic/gradual aetiology; therefore the reviewer and Corporation were correct to decline cover and the appeal is dismissed.