New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Traumatic brain injury cover

Legal area

Court

2 Feb 2016

Whitworth v Accident Compensation Corporation

Citation

[2016] NZACC 30
Court

District Court

The appeals were dismissed because the appellant failed to produce any contrary expert medical evidence to establish a traumatic brain injury; the available medical evidence (GCS 15, no focal neurology, specialist reports) supported the respondent's view that no TBI occurred, and there was no cogent basis to disturb the assessor's impairment determination (11% WPI) which properly excluded a non‑covered TBI.
10 Jun 2011

Harvey v Accident Compensation Corporation

Citation

[2011] NZACC 172
Court

District Court

Although later medical opinion and ACC acceptance established a mild TBI, the evidence did not demonstrate on the balance of probabilities that the cognitive and fatigue consequences of that TBI would prevent the appellant performing full time the three recommended job types (Forklift driver, Road roller operator, Meat processing worker); therefore the February 2009 VIMA was not shown to be flawed and the appeal is dismissed.