New Zealand Case Law: Decisions & Judgments

Topic

Repetitive strain injury

Legal area

Court

8 Aug 1997

Alliance Textiles (NZ) Limited v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 166
Court

District Court

On uncontradicted medical evidence that the worker's repetitive left‑hand tasks (piecing and lifting perns) caused tendonitis/ganglion, the injury falls within section 7(1)(c) because those tasks created a significantly greater risk of that injury for persons performing them; therefore the Review Officer's decision is upheld and the appeal is dismissed.
6 Jun 1997

Stewart v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 110
Court

District Court

On the whole of the medical and occupational evidence the appellant's library work was the more important etiology and non-employment activities did not materially contribute to the onset of the gradual process injury under s 7(1)(b); the risk from shelving books was significantly greater for the appellant given her scoliosis under s 7(1)(c), therefore the claim is an employment injury.
9 May 1997

Burton v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 95
Court

District Court

The review officer did not err: medical evidence was equivocal and indicated both work and non‑work contribution, employer evidence of non‑work activities provided a plausible material source of contribution, and on the balance of probabilities s7(1)(b) was not satisfied; therefore the appeal is dismissed.
6 Nov 1995

R & W H Symington (NZ) Limited v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 131
Court

District Court

The Review Officer correctly applied the statutory s7(1) criteria and the evidence supported classification of the injury as a gradual process injury attributable to employment; the appellant failed to rebut that finding and thus the appeal must be dismissed; any dispute about increased experience-rated premiums must be pursued by review under s89(4).

New Zealand Case Law

Alliance Textiles (NZ) Limited v Accident Rehabilitation and Compensation Insurance Corporation

Stewart v Accident Rehabilitation and Compensation Insurance Corporation

Burton v Accident Rehabilitation and Compensation Insurance Corporation

R & W H Symington (NZ) Limited v Accident Rehabilitation and Compensation Insurance Corporation