New Zealand Case Law: Decisions & Judgments

Topic

Retrospective incapacity

Legal area

Court

19 Jun 2019

TONNER v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 1400

Citation

[2019] NZHC 1400
Court

High Court

The District Court correctly found that contemporaneous evidence did not establish continuous incapacity after the 1997 accident; even if ACC's process could be criticised for lack of detail about pre-injury core tasks, the absence of contemporaneous evidence of incapacity meant remitting the matter for reassessment would not change the outcome, so no legal error was made in dismissing the appeal.
6 Dec 2018

Miller v Accident Compensation Corporation (Entitlements)

Citation

[2018] NZACC 190
Court

District Court

The Court found ACC's 2010 suspension procedure was flawed (non-compliance with s117(2) and inadequate investigation of employer/actual pre-injury duties), the conciliation process improperly extinguished review rights, and on a robust view of the totality of medical and contemporaneous evidence the appellant had capacity until his last day of work but became incapacitated on 25 May 2012; therefore ACC's decision denying reinstatement from 2010 was set aside and the reviewer decision quashed.
24 Jun 2015

Mohi v Accident Compensation Corporation

Citation

[2015] NZACC 162
Court

District Court

On the balance of probabilities the Court found the June 4 2011 lumbar injury, together with subsequent aggravations, continued to cause incapacitating symptoms such that the appellant was unable to engage in his pre-injury employment from 16 April 2012; the treating GP certification and specialist opinions were sufficient and the Corporation did not rebut incapacity, entitling the appellant to retrospective weekly compensation from April 2012.
18 Jan 2015

Young v Accident Compensation Corporation

Citation

[2015] NZACC 11
Court

District Court

The appellant failed to prove on cogent contemporaneous medical evidence that his vocational independence deteriorated as a result of the 2003 assault; the available evidence indicates the left shoulder became significantly problematic later (around 2009) and there is insufficient reliable evidence to backdate loss of vocational independence to 2003, so the appeal is dismissed.
19 Nov 2010

Spotswood v Accident Compensation Corporation

Citation

[2010] NZACC 206
Court

District Court

The application to recall was refused because the new medical opinion did not overcome the central evidentiary deficiency — absence of contemporaneous, precise evidence proving uninterrupted incapacity when the appellant was an earner — and therefore did not meet the high threshold for recalling a judgment under Horowhenua County v Nash.
25 Jul 2008

Scott v Accident Compensation Corporation

Citation

[2008] NZACC 174
Court

District Court

The appeal is dismissed because the evidence is insufficient to establish retrospective incapacity to 1989: the claimant continued working until Braemar closed, contemporaneous medical records are absent or not supportive, and the medical opinion offered is not persuasive enough given the evidentiary standard required for backdating compensation.
11 Nov 2005

Smith v Accident Compensation Corporation

Citation

[2005] NZACC 334
Court

District Court

On the totality of the evidence and on the balance of probabilities the appellant never sufficiently recovered from his 1987 covered shoulder injury to resume his pre-injury abattoir work; the respondent's decision of 1 June 2000 declining the economic loss/weekly compensation claim was incorrect and the appeal is allowed.
17 Jan 2001

Daly v Accident Compensation Corporation

Citation

[2001] NZACC 6
Court

District Court

The court exercised its discretion to award a modest but substantial contribution of $1,500 towards the appellant's legal costs plus disbursements because the decisive retrospective medical evidence supplied late justified settlement; the respondent's earlier stance was understandable but fairness required partial compensation of actual costs rather than full recovery.