21 Nov 2001
Wall v Accident Compensation Corporation
- Citation
- [2001] NZACC 322
- Court
- District Court
Because transitional provisions preserve the 1982 Act definition for injuries covered under the 1982 Act, ACC could only suspend entitlements under s116 if it proved the appellant's incapacity was exclusively caused by disease, gradual process or ageing; the medical evidence relied on by the appellant (Mr Robertson and Mr Thorn) established that the appellant's current condition remains causally connected to the 1987/1990 injuries and the L5/S1 fusion, so ACC failed to establish exclusivity and its decision of 11 July 2000 must be revoked and entitlements reinstated.