New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 30 iprc act

  • 5 Feb 2008

    Oliver v Accident Compensation Corporation

    Citation
    [2008] NZACC 34
    Court
    District Court

    On the medical and non‑medical evidence before the Court the appellant, on the balance of probabilities, suffered a physical injury (overuse tendonitis/myalgia) arising from her employment; however the record lacked sufficient factual findings to determine whether the statutory s.30 elements were met, so the reviewer’s decision was set aside and the matter remitted to a further review hearing to determine the s.30 three‑pronged test with leave to both parties to call further evidence.

  • 10 Aug 2004

    Phillips v Accident Compensation Corporation

    Citation
    [2004] NZACC 237
    Court
    District Court

    On the balance of probabilities the specialist medical evidence (Dr Beacham and Dr Hancock), supported by workplace observation and objective imaging, established that a property or characteristic of the appellant's employment (repetitive flexion with rotation and lifting) caused or materially contributed to degeneration of the L4/L5 disc and that the risk was significantly greater for persons performing that task; absence of broad epidemiological studies did not preclude a finding of causation in this individual case, so the decision declining cover was quashed and cover granted from the dat…