22 Jun 2001
On the medical evidence the appellant's present incapacity is attributable to progressive generalised osteoarthritis, not the 1984 accident; no fracture is evidenced; therefore ACC correctly exercised s73(1) to cancel entitlements and the appeal is dismissed.
4 Sept 2000
On the balance of probabilities the Court preferred the contemporaneous clinical opinions that the 1991 accident converted a pre-existing spondylolysis into a symptomatic spondylolisthesis; therefore the respondent's decision to cancel entitlements under s73(1) was incorrect and is revoked.
17 Aug 2000
The Review Officer and this Court correctly accepted expert medical evidence that the appellant's current fibromyalgia is not shown to be causally connected to the 1992 assault and that non-injury factors are the predominant cause; the appellant failed to prove on the balance of probabilities that the assault caused her ongoing incapacity, therefore cancellation under s73(1) and denial of backdated weekly compensation were lawful and are confirmed.
5 Jul 2000
On the balance of probabilities the appellant did not have symptomatic osteoarthritis of the knee at the time the respondent cancelled entitlements; the medical evidence supports a traumatic chondral/cartilage injury potentially magnified by referred pain from a pre-existing hip osteoarthritis, therefore section 10 exclusion did not apply and the respondent's 20 May 1999 cancellation was unjustified and is revoked.