New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Toxicology panel review

Legal area

Court

20 Mar 2013

Philpott v Accident Compensation Corporation

Citation

[2013] NZACC 74
Court

District Court

The Court found no extenuating circumstances under s135(3): the appellant was aware of the three month limit, deliberately delayed to assemble evidence, and the independent Toxicology Panel concluded chloramphenicol exposure was unlikely to have caused his conditions; accordingly the late review application was not accepted and the appeal was dismissed.
14 Aug 2012

Green v Accident Compensation Corporation

Citation

[2012] NZACC 272
Court

District Court

The appeal was dismissed because the appellant failed to produce the requisite expert evidence to establish both significant injurious exposure and causal linkage to his injuries; the Court properly preferred the Toxicology Panel's multidisciplinary opinion that exposure was minimal and serum levels were not at disease-causing thresholds, and the statutory evidential threshold for cover under the Act was therefore not met.