New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Somatoform pain disorder

Legal area

Court

26 Jun 2013

Tafaese v Accident Compensation Corporation

Citation

[2013] NZACC 181
Court

District Court

Judge preferred the detailed orthopaedic evidence (Mr Welsh) that the predominant pain was referred pain from cervical osteoarthritis and that hand dysfunction was functional/related to degenerative thumb disease; Dr Newburn's neuropsychiatric opinion was speculative and did not establish a clear causal nexus to the index injury; on that basis the Corporation's decision to decline cover for a somatoform pain disorder was correct and the review decision was upheld.
21 Aug 2001

Van Der Swaluw v Accident Compensation Corporation

Citation

[2001] NZACC 222
Court

District Court

On the evidence the court found a temporal and causal nexus: the 1995 finger injury was the precipitating event that led to a chronic pain disorder (a mental injury). Predisposing psychosocial factors do not disentitle the appellant. Therefore the somatoform pain disorder is an 'outcome' of the physical injury within s4 and cover must be extended.
15 May 1998

Singh v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 103
Court

District Court

On the balance of probabilities the appellant's present incapacity is causally attributable to and a consequence of the 25 July 1989 accident; therefore the Corporation's decision to cease entitlements was incorrect and is revoked.