22 Apr 2004
Spencer v Accident Compensation Corporation
- Citation
- [2004] NZACC 125
- Court
- District Court
For a review decision made under the pre-1992 (1972/1982) legislation the Corporation can revisit the position where there is error or fresh evidence; on the facts the subsequent medical evidence established the appellant's ongoing pain is due to degenerative spondylolisthesis not attributable to the 1985 accident, so ACC correctly suspended entitlements and the appeal must be dismissed.
- Review decision binding effect
- Revision of review decisions
- Causation and 'but for' test
- Pre-existing degenerative condition
- Suspension of entitlements under s116