New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 33 criteria

Legal area

Court

18 Jul 2003

Luke v Accident Compensation Corporation

Citation

[2003] NZACC 156
Court

District Court

The Court held the appellant's elbow osteoarthritis was a pre-existing degenerative condition rendered symptomatic or provoked by the employment but not caused by the gradual process of the employment; therefore the s33 causation requirement is not met and cover is excluded; alternatively the appellant also failed to prove a significantly greater occupational risk under s33(2)(c).
14 May 2003

Helms v Accident Compensation Corporation

Citation

[2003] NZACC 89
Court

District Court

The Court accepted the weight of medical evidence (Dr Dryson) that the appellant’s disc extrusion arose from underlying degenerative disc disease and that repetitive getting up and sitting at work did not causally contribute; the asserted causative activity is common in non-employment life (the precipitating event occurred at home) and there was no evidence of a significantly greater risk for employees performing such tasks; accordingly the appellant failed to satisfy section 33 and entitlement was properly declined.