9 Mar 2004
Accident Compensation Corporation v Patrick
- Citation
- [2004] NZACC 39
- Court
- District Court
The weight of medical evidence established that the respondent’s varicose veins were caused by an incompetent perforator (a pre-existing venous valve failure) and were not caused by the treatment (plaster cast); mere aggravation by treatment is insufficient to qualify as a consequential injury under s39(2)(g); the respondent failed to prove a causal nexus on the balance of probabilities, so ACC’s decision to decline cover is correct.