New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Suspension of cover

Legal area

Court

5 Apr 2016

Pohatu v Accident Compensation Corporation

Citation

[2016] NZACC 85
Court

District Court

On the evidence, including MRI, specialist reports and the CAP review, the appellant's shoulder pathology is more likely caused by age‑related degenerative change rather than the September 2011 incidents; therefore the respondent had a sufficient basis to suspend cover and decline funding and the appeal is dismissed.
3 Oct 2001

Ringrose v Accident Compensation Corporation

Citation

[2001] NZACC 281
Court

District Court

The decisive legal test for suspension is whether the appellant's current symptoms are causally connected to the injuries for which cover was originally granted; applying that test to the unbroken chain of medical evidence here, the appellant's disability was caused by the 1986 accident and the suspension was wrongful, requiring reinstatement of cover.