24 Mar 2005
Hall v Accident Compensation Corporation
- Citation
- [2005] NZACC 96
- Court
- District Court
Section 117 authorises ACC to suspend entitlements when it is not satisfied, on the information in its possession, that entitlement should continue; ACC lawfully relied on additional and/or re-evaluated medical investigations (MRI and new x-rays) showing pre-existing osteoarthritis and no ongoing injurious physical damage, so the appellant failed to prove on the balance of probabilities that the covered injury substantially causes the current incapacity and issue estoppel does not bar ACC's decision; therefore the suspension was upheld.