18 Nov 2003
Bigwood v Accident Compensation Corporation
- Citation
- [2003] NZACC 288
- Court
- District Court
The appeal is allowed because issues of informed consent and medical error require primary fact‑finding that was not properly conducted at review (teleconference); the matter is remitted for a rehearing before a different Review Officer on those issues. The court accepted that, in light of medical evidence (Dr Wallis) and concession by respondent, benzodiazepine dependency can constitute a personal injury for the purposes of the Act and therefore the reviewer's contrary finding should not stand.