24 Apr 2013
Kafka v Accident Compensation Corporation
- Citation
- [2013] NZACC 121
- Court
- District Court
On the balance of probabilities the evidence did not establish that the hernia resulted from a traumatic rupture caused by the lifting incident; the lack of significant pain at the time, failure to report the event or a groin lump at the contemporaneous GP consultation, and the BMA opinion that the history was consistent with disease led the Court to accept the non‑traumatic origin and dismiss the appeal.