New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory exclusion for non-physical stress (s7(4))
  • 27 Oct 1998

    ETN v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1998] NZACC 227
    Court
    District Court

    Court found appellant's cannabis dependency was not established as physiological dependence (no evidence of DSM-IV criteria 1 or 2 - tolerance/withdrawal) and therefore not a 'physical injury' under s4; appellant's PTSD, although accepted to have physical manifestations, was caused by non-physical stressors of undercover employment and is excluded by s7(4); consequently no entitlement to cover and appeal dismissed.

    • Post traumatic stress disorder (ptsd)
    • Cannabis dependency
    • Gradual process injury (s7)
    • Statutory exclusion for non-physical stress (s7(4))
    • Causation and physiological vs psychological injury