12 Mar 2012
LS v Accident Compensation Corporation
- Citation
- [2012] NZACC 79
- Court
- District Court
ACC failed to discharge the onus required by s117 because material and credible expert opinion (notably Dr Newburn and earlier clinicians) created sufficient uncertainty as to whether the appellant's ongoing condition was attributable to the 1976 MTBI; therefore the suspension decision could not stand and must be quashed with entitlements restored to the extent proven.