New Zealand Case Law: Decisions & Judgments

Topic

Section 7 gradual process causation

Legal area

Court

17 Aug 1999

Western Auto Mart 1992 v Accident Compensation Corporation

Citation

[1999] NZACC 233
Court

District Court

Medical evidence established left lateral epicondylitis caused by repetitive forecourt tasks (gripping petrol nozzle and lifting LPG cylinders); the worker's non‑employment activities did not materially contribute to the condition; all s7(1) requirements were met; therefore the respondent's acceptance of the claim and attribution to the appellant's experience rating was correct and the appeal is dismissed.
13 Feb 1997

Innes v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 20
Court

District Court

On the medical evidence the appellant's back pain is reproduced by the specific bending/straightening/twisting movements required at work and those movements materially contributed to development and maintenance of his condition; applying the eggshell skull principle the appellant satisfied s7(1)(c) and thus entitlement to cover under s7 was established, so the appeal is allowed.
2 Dec 1996

Southern Crown Health Enterprises Limited v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 148
Court

District Court

The District Court accepted the medical evidence that the claimant's overuse syndrome developed from cumulative occupational exposure and that non-employment activities (including the quilt course) did not possess the causative property to any material extent under s.7(1)(b); accordingly the review officer's acceptance of cover under s.7 was correct and the employer's appeal was dismissed.

New Zealand Case Law

Western Auto Mart 1992 v Accident Compensation Corporation

Innes v Accident Rehabilitation and Compensation Insurance Corporation

Southern Crown Health Enterprises Limited v Accident Rehabilitation and Compensation Insurance Corporation