New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Review of administrative medical decision

  • 22 Nov 2013

    Jackson v Accident Compensation Corporation

    Citation
    [2013] NZACC 386
    Court
    District Court

    On the balance of probabilities the evidence (appellant's consistent account, prompt physiotherapist and surgeon diagnoses, MRI confirmation and temporal linkage) established that the meniscal tear was caused by the soccer tackle; the CAP's speculative attribution to pre-existing degeneration without adequate analysis was insufficient to rebut causation, therefore the respondent's refusal of surgery was unlawful and must be set aside.

    • Causation
    • Entitlement to cover
    • Review of administrative medical decision
    • Weight and credibility of expert evidence

  • 19 Dec 2011

    Subritzky v Accident Compensation Corporation

    Citation
    [2011] NZACC 371
    Court
    District Court

    The court accepted uncontested specialist medical evidence that the appellant's ongoing medical condition was attributable to pre-existing lumbar degenerative disease and not to the January 2008 covered event, therefore suspension under s117 was lawful and the appeal must be dismissed.

    • Suspension of entitlements
    • Causation between injury and ongoing condition
    • Review of administrative medical decision

  • 1 Sept 1998

    Hill v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1998] NZACC 189
    Court
    District Court

    The initial compensable injury was a gastrocnemius (calf) tear with no persisting disability from that tear; the appellant's ongoing knee disability is due to pre-existing degenerative changes and longstanding ligament instability that were brought to light by the accident but not caused by it; therefore the statutory exclusion in s10 applies and the Corporation correctly ceased cover, so the appeal is dismissed.

    • Causation
    • Pre-existing conditions
    • Section 10 exclusion
    • Eggshell skull principle
    • Review of administrative medical decision