New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cessation of entitlements under section 73(1)

Legal area

Court

17 Oct 2000

Ellery v Accident Compensation Corporation

Citation

[2000] NZACC 270
Court

District Court

The Review Officer had jurisdiction to consider the section 10 issue; however the medical evidence did not establish that the appellant's ongoing symptoms were wholly or substantially the result of pre-existing disc degeneration and therefore ACC's decision to cease entitlements under section 73(1) was unsupported and must be revoked; cover and entitlements are reinstated from the date they were ceased.
24 Sept 1999

Squires v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 273
Court

District Court

The appellant failed to prove on the balance of probabilities that her present back condition is causally connected to any covered accident; medical evidence established the condition is attributable to symptomatic degenerative disc disease excluded by section 10, therefore the respondent rightly ceased entitlements under section 73(1).