10 Jul 2019
Fuller-Sandys v Accident Compensation Corporation (Social Rehabilitation)
- Citation
- Fuller-Sandys v Accident Compensation Corporation (Social Rehabilitation)
- Court
- District Court
The District Court found on the balance of probabilities that (1) the appellant's employment as a fencer had the particular characteristic of frequent heavy lifting/carrying up to 40 kg present throughout employment (s30(2)(a)); (2) that characteristic contributed to the cause of the appellant's L5/S1 pathology (s30(2)(b)); and (3) adopting Ongley's approach, the occupational exposure produced a risk that was significantly greater than for persons not performing the tasks (s30(2)(c)). Therefore the review decision and the ACC decision declining cover were quashed and set aside.