5 Mar 2004
Morresey v Accident Compensation Corporation
- Citation
- [2004] NZACC 36
- Court
- District Court
Failure to ask an expert the precise 'exclusively' question does not automatically invalidate a s116 decision, but the expert evidence must still substantively satisfy the exclusivity test; here Dr Kerr's report was insufficient to establish the condition was exclusively due to disease or ageing and Mr Grant's opinion indicated ongoing attribution to the 1991 injury, therefore the suspension could not be sustained and must be quashed.