New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Review of statutory decisions

Legal area

Court

6 Jul 2012

Hubbard v Accident Compensation Corporation

Citation

[2012] NZACC 227
Court

District Court

The Court accepted the treating surgeon's evidence and the independent expert's adjusted concession that the same abnormality was treated in earlier operations and that pre-existing anatomical factors did not account for all ongoing pathology; therefore the 1999 injury remained a substantial cause of the current need for surgery and ACC's refusal to fund was incorrect.
10 Jan 2008

Burrows v Accident Compensation Corporation

Citation

[2008] NZACC 4
Court

District Court

The Court upheld the reviewer's finding that ACC did not have all necessary information to apply the 1996 s40 amendment until 8 November 2000 (the date the employer confirmed the appellant would have continued to receive earnings), so interest under s114 properly runs from one month after that date; accordingly ACC's 3 May 2006 decision awarding interest of $13,257.29 was correct and the appeal is dismissed.