19 Jun 2019
Garing v Accident Compensation Corporation (Revocation of Cover)
- Citation
- [2019] NZACC 63
- Court
- District Court
The Court upheld revocation because the original acceptance was a generic automatic decision and, on proper investigation, the weight of medical evidence established chronic degenerative lumbar pathology and pre-existing sciatica; there was insufficient evidence to establish on the balance of probabilities that the 28 February 2017 exercises caused a new qualifying personal injury, and pain alone does not constitute a physical injury under the Act, so revocation under s65 was justified.