New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Scope of review of administrative decision

Legal area

Court

3 Apr 2018

Anderson v Accident Compensation Corporation (Decline Cover)

Citation

[2018] NZACC 59
Court

District Court

The 2004 mesh-related complaint constituted a new claim that must be assessed under the 2001 Act; the appellant already had cover under the 1982 Act for the original 1980 injury and for persistent pain as a consequential diagnosis, but there was no reliable medical evidence that the mesh was misplaced or caused a discrete physical injury meeting the treatment-injury criteria under the 2001 Act; accordingly ACC did not err in declining the 2014 treatment-injury claim and the review decision was correct.
16 Nov 2005

Bell v Accident Compensation Corporation

Citation

[2005] NZACC 338
Court

District Court

On the balance of probabilities the appellant’s migraine headaches and diagnosed cognitive impairment were caused as a direct consequence of a series of mild traumatic brain injuries sustained between 1992 and 1997; the opinion of Dr Newburn, supported by Dr Mossman, Dr Bok and Ms Farrar, was most persuasive; aggravation by narcotics did not constitute a substantial non-injury cause; accordingly ACC’s refusal of entitlements was quashed and cover expanded to include the consequences.