New Zealand Case Law: Decisions & Judgments

Topic

Accredited employer decision-making

Legal area

Court

1 Feb 2018

Bhawan v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2018] NZACC 15
Court

District Court

There was no contemporaneous or persuasive medical evidence linking a right shoulder injury to the 19 Feb 2013 event, so decline of cover was correct; regarding the left shoulder, medical expert opinion established the appellant's ongoing incapacity was no longer injury-related and ACC had a sufficient evidential basis under s117(1) to be 'not satisfied' of continued entitlement under s67, therefore suspension of entitlements was lawful and is upheld.
19 Apr 2013

MacDonald v Accident Compensation Corporation

Citation

[2013] NZACC 101
Court

District Court

The Court accepted the infectious disease specialist Dr Everts' opinion that the appellant developed post-leptospirosis chronic fatigue syndrome, found no comparable specialist contrary evidence, concluded causation was established on the balance of probabilities, and held the accredited employer's suspension under s117 was unjustified; therefore the review decision was quashed and entitlements must be restored from the date of suspension.
2 Apr 2004

Millane v Accident Compensation Corporation

Citation

[2004] NZACC 87
Court

District Court

The appeal is allowed and the decision is quashed because the medical assessment and consequent determination failed to consider the appellant's covered chronic back injury, a relevant matter that materially affected his capacity for work, requiring reassessment taking that injury into account.

New Zealand Case Law

Bhawan v Accident Compensation Corporation (Suspension of Entitlements)

MacDonald v Accident Compensation Corporation

Millane v Accident Compensation Corporation