7 Sept 2012
Fitzroy v Accident Compensation Corporation
- Citation
- [2012] NZACC 301
- Court
- District Court
For diseases listed in Schedule 2 (including Clause 33 bladder carcinoma) entitlement to cover requires a diagnosis of the disease plus evidence of occupational exposure to the listed hazard(s); s30(4) removes the requirement to prove causation under s30(1)(b) and (c); therefore ACC was correct to grant cover based on established PAH exposure and diagnosis and the appeal is dismissed.