New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Statutory exclusions

Legal area

Court

3 Mar 2011

Golding v Accident Compensation Corporation

Citation

[2011] NZACC 69
Court

District Court

On the balance of probabilities the appellant failed to prove that the further elective knee surgery was primarily required to treat a covered personal injury from the 1 July 2006 accident; medical evidence, including a 2009 MRI and Clinical Advisory Panel opinion, established significant degenerative osteoarthritis as the substantial cause of current symptoms, so ACC correctly declined funding under s.26.
1 Jun 2006

Bregmen v Accident Compensation Corporation

Citation

[2006] NZACC 137
Court

District Court

On the balance of probabilities the appellant failed to prove his ongoing incapacity as of 26 September 2005 was substantially caused by the 15 May 2003 injury; medical evidence established progressive multi-level degenerative disc disease predating the 2003 event and the lifting incident merely rendered that underlying condition symptomatic, bringing the condition within the statutory exclusions, therefore ACC validly suspended weekly compensation under s.117 and the appeal is dismissed.