New Zealand Case Law: Decisions & Judgments

Topic

Section 73 cessation of entitlements

Legal area

Court

4 Oct 2000

O'Hara v Accident Compensation Corporation

Citation

[2000] NZACC 256
Court

District Court

The Court determined that the June 1994 grant of cover was supported by contemporaneous medical evidence (notably Dr Highton’s 1994 report diagnosing work-related flexor tendonitis and identifying occupational contribution) and therefore the Corporation could not lawfully revoke that grant under s67A; subsequent medical reports focusing on the appellant's present osteoarthritis did not demonstrate that the original decision was made in error.
4 Dec 1998

Preston v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 260
Court

District Court

Medical evidence established severe pre-existing bilateral osteoarthritis; the December 1996 accident aggravated but did not cause the appellant's ongoing hip condition, so the condition is substantially the result of disease and excluded by s10, validating the respondent's cessation of entitlements under s73; appeal dismissed.
14 Jul 1997

Cronin v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 145
Court

District Court

On the available evidence the Court found it more probable than not that the April 1994 event caused a qualitative aggravation of the appellant's pre‑existing degenerative back condition (likely including nerve root entrapment), that negative CT did not exclude that diagnosis, and therefore the cancellation of entitlements under s73 was not justified; the appeal was allowed.

New Zealand Case Law

O'Hara v Accident Compensation Corporation

Preston v Accident Rehabilitation and Compensation Insurance Corporation

Cronin v Accident Rehabilitation and Compensation Insurance Corporation