New Zealand Case Law: Decisions & Judgments

Topic

Suppression application

Legal area

Court

6 May 2016

Anderson v Accident Compensation Corporation

Citation

[2016] NZACC 131
Court

District Court

The appellant failed to prove on the balance of probabilities that the 21/9/2011 accident caused the disc pathology necessitating the L2/3 and/or L4/5 decompression; expert panel and imaging evidence established a predominately degenerative multi-level process, the delay in presentation and continuing work undermined an inference of acute traumatic causation, therefore ACC cover was not established and the appeal is dismissed.
11 Apr 2016

Beckham v Accident Compensation Corporation

Citation

[2016] NZACC 92
Court

District Court

Weighing the evidence the appellant failed to prove on the balance of probabilities that the 2008 lopper incident caused a discrete injury leading to the later pathology and need for surgery; early imaging showing intact cuff, chiropractic notes suggesting resolution, expert CAP opinion, absence of acute signs on imaging, age, delay and uncertainties in the treating surgeon's explanation meant the causal nexus was not established and the appeal must be dismissed.
31 Mar 2016

Wernham v Accident Compensation Corporation

Citation

[2016] NZACC 81
Court

District Court

On the totality of evidence the appellant failed to prove on the balance of probabilities that the 2009 incident caused the Achilles tear or substantive ongoing pathology; the medical evidence more strongly supports a gradual tendinopathic process and the treating surgeon's tentative opinions were insufficient to rebut the CAP and radiological interpretation, therefore appeal dismissed.

New Zealand Case Law

Anderson v Accident Compensation Corporation

Beckham v Accident Compensation Corporation

Wernham v Accident Compensation Corporation