22 Aug 2000
Medical evidence (preferred expert opinions of Mr Hooker and Mr Otto) established that the appellant's ongoing symptoms are predominantly caused by a longstanding pre-existing spondylolisthesis aggravated but not substantially caused by the 1987 accident; accordingly coverage is excluded under s10 and suspension/cancellation under s73(1) is justified, so appeal dismissed.
11 Jul 2000
The appellant bore the initial onus to prove the hospital treatment and surgery were attributable to the covered shoulder injury; the medical evidence indicated a probable pre-existing bilateral subclinical ulnar neuropathy, lack of immediate post‑accident elbow symptoms and subsequent specialist opinion that decompression surgery was unnecessary, therefore causation was not established and the respondent's decision to decline funding was correct.
9 Jun 2000
Judge found on the balance of probabilities that the appellant suffered bilateral carpal tunnel syndrome originating in 1995 caused by repetitive bank teller/accounts maintenance duties, that the 1998 presentation was a continuation not a separate non‑work condition, and that the s7(1)(a)‑(c) requirements were satisfied; accordingly ACC cover was reinstated from date of cessation and costs awarded.
28 Jan 2000
Section 10 cannot be used to revoke cover once cover for a specific accident has been accepted; cessation of entitlements requires a finding that the effects of the accident have dissipated and current incapacity is not due to the accident. On the medical evidence the appellant's ongoing incapacity remained attributable to the accepted accident(s), so the respondent's decision to cease entitlements was overturned.
16 Nov 1999
The accident caused a discrete twisting injury that precipitated inflammation, but the overwhelming medical evidence established the appellant's ongoing condition is now wholly or substantially due to a pre-existing inflammatory/degenerative arthritis; accordingly cover is excluded under section 10 and the respondent's cessation of entitlements was correct.
12 Nov 1999
Medical evidence, including MRI and specialist reports, established that degenerative changes are the substantial cause of the appellant's current symptoms and there is no evidence connecting the present condition to the 18 February 1991 accident; accordingly s.10 of the Act excludes ongoing entitlements and the respondent's decision to cease them was correct.
24 Sept 1999
The appellant failed to prove on the balance of probabilities that her present back condition is causally connected to any covered accident; medical evidence established the condition is attributable to symptomatic degenerative disc disease excluded by section 10, therefore the respondent rightly ceased entitlements under section 73(1).
17 Aug 1999
On the balance of probabilities the claimant's carpal tunnel syndrome was caused or materially contributed to by her employment duties (use of a floor polisher and related cleaning tasks), satisfying s.7(1)(a)-(c) of the Act; s.10 does not exclude cover; the Review Officer's acceptance of the claim is confirmed and the appeal is dismissed.
12 Aug 1999
The appellant's present disability results from complications of knee replacement surgery that was required for pre-existing osteoarthritis; the 1984 accident merely precipitated symptoms and did not causally produce the condition necessitating surgery, so the respondent correctly ceased entitlements under s10.
11 Jun 1999
The Court accepted the independent orthopaedic opinion that the extensive degenerative changes observed at arthroscopy in June 1990 could not have developed in the short interval following the November 1989 golf incident and therefore pre-dated that accident; because the degenerative disease was the substantial cause of the ongoing knee condition the claim for cover is excluded by s.10 and the respondent's decision was correctly confirmed; appeal dismissed.