7 Dec 1999
Waitemata Health Limited v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1999] NZACC 359
- Court
- District Court
The court upholds the Review Authority: the original diagnosis of tendonitis arising from repetitive typing at Waitemata Health was binding on appeal, the regional pain syndrome/fibromyalgia is parasitical upon that antecedent tendonitis and thus compensable on the balance of probabilities, s.7(4) did not bar cover on these facts, and the Review Officer was correct to attribute contribution wholly to Waitemata Health rather than Mr Tonkin; accordingly the appeal is dismissed.