30 Jul 2014
On the balance of probabilities the appellant's capacity to sustain his pre-injury employment had deteriorated due to a chronic pain disorder (mental injury) secondary to the covered physical injury; the respondent's conclusion that there was no new incapacity was unsupported and therefore the decision terminating weekly compensation was quashed and set aside.
25 Jul 2008
The court found the appellant's ongoing pain is attributable to identifiable pre-existing degenerative pathology (lumbar spondylosis and hip osteoarthritis), not a chronic pain syndrome as a primary mental injury causally linked to the covered 2000 strain; the psychiatric opinion was insufficiently specific on etiological contribution, so the suspension of entitlements was lawful and the appeal failed.
9 Jun 2008
On the balance of probabilities the Court preferred Dr Davis' psychiatric opinion that the 1994 traumatic brain injury initiated the head pain which developed into DSM IV Chronic Pain Disorder and that psychological factors subsequently perpetuated it; accordingly the appellant's mental injury is an outcome of the covered 1994 physical injury and ACC's decisions declining cover and suspending entitlements were quashed with directions for restoration and reconsideration as specified.
17 Jan 2007
The judge accepted that while some experts attributed the chronic pain syndrome to the 1996 whiplash, those opinions relied on retrospective histories without contemporaneous corroboration; when weighed against earlier medical notes, specialist reports and the analysis of the respondent's medical advisor, the evidence did not establish that the 1996 accident was a substantial and effective cause of the chronic/regional pain syndrome. The appeal was therefore dismissed.
15 Jun 2005
Leave to appeal was refused because neither asserted ground raised a question of law capable of bona fide and serious argument: the complaint about the psychiatric evidence was a factual issue, and under the relevant authorities the term 'consequence' requires causation on the balance of probabilities with the accident being a substantial cause of the mental condition.
15 Dec 2003
The Court concluded the subsequent psychiatric evidence (Dr Davis) cogently suggested the original medical assessment may have undervalued psychiatric consequences of the injury and therefore warranted reopening the s.98 medical assessment process so that Dr Davis’ views are considered by a duly qualified assessor; no final determination was made pending that further assessment.
7 Nov 2003
On the balance of probabilities the appellant's current chronic pain disorder is wholly or substantially attributable to pre-existing osteoarthritis and the adverse outcome of surgery for that disease, not to an ongoing injury from the 1995 accident or treatment of that injury; the chain of causation to the 1995 accident was broken before surgery, so the condition is not 'an outcome of' the accident or of treatment for an accident and therefore is not covered under the 1992 Act (s4 and s10).
7 Aug 2001
On the balance of expert psychiatric and medical evidence the judge found the appellant's chronic pain disorder was precipitated by the 1986 back injury and thus constituted a mental consequence of the compensable personal injury; pre-existing vulnerability did not negate coverage (eggshell skull principle applies) and ACC's decision to cease entitlements was therefore unlawful and must be revoked.