New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Causation (but‑for)

Legal area

Court

19 May 1998

Rotorua Forest Haulage Ltd v Accident Rehabilitation and Compensation Insurance Corporation

Citation

(1998) 5 NZELC 98,505
Court

District Court

Applying s3 and s6 and authorities (Billings, Harwood), the correct test is whether the particular injury would not have occurred but for the employee being in the place of employment; the bee that stung Mr Dyer was at the truck and the sting would not have occurred but for him being in the truck at that time, therefore the death 'arose out of employment' and is a work injury; appeal dismissed.
9 May 1995

Auckland City Council v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 46
Court

District Court

The Court found on the balance of probabilities that the claimant sustained a lower back injury when he slipped and fell at work on 14 September 1992; that injury occurred 'in the course of' and 'arising out of' employment within the statutory definitions in ss.3 and 6; accordingly the Corporation correctly classified and accepted the claim as a work injury; s.121 did not apply because the back injury did not produce a disability substantially greater by combined effect than the back injury alone.