New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Conflicting expert evidence

Legal area

Court

16 Dec 2015

DM v Accident Compensation Corporation

Citation

[2015] NZACC 389
Court

District Court

The Court found that on the totality of the evidence (including reports of Drs Lynch, Wilkinson, Martin and branch advisers) the respondent had adequate grounds to be 'not satisfied' that entitlement should continue and that by April 2012 there was no established subsisting causal connection between the 2005 accident and the appellant's symptoms; accordingly suspension of weekly compensation and denial of mental injury cover were lawful and the appeal was dismissed.
30 Jan 2015

Khademnia v Accident Compensation Corporation

Citation

[2015] NZACC 17
Court

District Court

The Court held that the conflict between a recent specialist spinal surgeon's opinion linking the 2007 incident to an annular tear and the Corporation's occupational medicine opinion that the condition was primarily degenerative created sufficient doubt such that the Corporation did not have the requisite basis under s17(1) to be satisfied the claimant was no longer entitled; consequently the review decision was quashed and entitlements restored from the date of suspension.