New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Tendonitis/tenosynovitis

Legal area

Court

11 Jan 2006

Preston v Accident Compensation Corporation and Progressive Enterprises Limited

Citation

[2006] NZACC 3
Court

District Court

On balance of probabilities the Court concludes the appellant suffered a work-related gradual process injury in the form of tendonitis/tenosynovitis as diagnosed contemporaneously by treating GPs and supported by specialist Dr Wigley and workplace inspection; that medical evidence favoring tendonitis and causation by repetitive heavy lifting outweighs contrary opinions that favored regional pain syndrome; accordingly ACC's decision declining cover was quashed and cover granted under s30.
20 Oct 2004

Nolan v Accident Compensation Corporation

Citation

[2004] NZACC 333
Court

District Court

The Court preferred the treating and independent examining medical evidence over the respondent’s file‑based reviewers and concluded on the balance of probabilities that the appellant suffered a physical injury (tendonitis) arising in the course of employment, but remitted the matter to a further review hearing to determine whether the statutory s.30(2) criteria are satisfied; appeal allowed in part and $1,000 plus disbursements awarded to appellant.