7 Nov 2012
Maxwell v Accident Compensation Corporation
- Citation
- [2012] NZACC 366
- Court
- District Court
The court determined as a matter of law the decision was made under s103 so the onus lay with the appellant to prove causation on the balance of probabilities; the only medical evidence (Mr Pai) established pre-existing degenerative spinal pathology with only temporal aggravation from the 15 June 2009 incident and no evidence contradicted that opinion, therefore the appellant failed to prove his incapacity was caused by the covered injury and the respondent's decision to decline reinstatement of weekly compensation was correct.