24 Dec 2007
Hemmings v Accident Compensation Corporation
- Citation
- [2007] NZACC 267
- Court
- District Court
Medical evidence, principally Dr Xiong's assessment, established that the appellant's current lumbar impairment was caused substantially (over 85%) by degenerative changes and foraminal stenosis rather than the 1997 injury; given that cover was granted under the 1992 Act which excludes conditions caused wholly or substantially by ageing, ACC had a sufficient basis under s117(1) to be "not satisfied" of continued entitlement and validly cancelled entitlements; appeal dismissed.