New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 30 test

Legal area

Court

16 May 2019

Bloomfield v Accident Compensation Corporation (Personal Injury Work Related Gradual Process)

Citation

[2019] NZACC 51
Court

District Court

Appeal dismissed because claimant failed to establish, on the evidence, that his COPD is caused or materially contributed to by occupational asbestos exposure under s30; imaging and specialist opinions showed no asbestos disease and attributed the condition to long-term smoking, and no Schedule 2 disease was identified, so the s30 three-part test was not satisfied.
29 May 2013

Steel v Accident Compensation Corporation

Citation

[2013] NZACC 156
Court

District Court

The appeal was dismissed because the medical and expert toxicology evidence failed to establish a causal link between workplace exposure to Solutrace and the claimant's urticarial vasculitis; temporal association alone was insufficient and the statutory s30 threshold, including a significantly greater risk for employed persons, was not met.
13 Dec 2007

Hunter v Accident Compensation Corporation

Citation

[2007] NZACC 261
Court

District Court

Judge preferred the appellant's medical evidence (Dr Wigley and Mr Anderson) and workplace assessment, found a causal link between the altered workstation and bilateral subdeltoid bursitis, concluded the s30 statutory tests were satisfied on the balance of probabilities, and allowed the appeal overturning ACC's revocation.