New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Chemical exposure

Legal area

Court

14 Jul 1999

Williams v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 189
Court

District Court

Appeal dismissed because appellant failed to prove on the balance of probabilities that his condition was caused by workplace exposure to HD cleaner: medical evidence only showed possibility, credible factual evidence established HD cleaner was not used in the relevant work area until after the onset of symptoms, and environmental testing did not support the claimed exposure risk.
13 Nov 1997

Anderson v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 230
Court

District Court

On the balance of probabilities the totality of evidence — uncontested exposure, contemporaneous onset of symptoms, specialist opinions (Dr Grigor and Professor Glass) and supporting literature — established that the appellant suffered personal injury causally connected to herbicide exposure including the onset of a connective tissue disorder; therefore the appeal is allowed.