New Zealand Case Law: Decisions & Judgments

Topic

Cover and causation

Legal area

Court

24 May 2017

Hoeberechts v Accident Compensation Corporation (Incapacity - s 103)

Citation

[2017] NZACC 51
Court

District Court

The review decision of 21 October 2015 is quashed and the Corporation's decision set aside because ACC had not adequately investigated the claim; ACC is directed to investigate and determine the appellant's entitlement to weekly compensation in respect of the covered right hand/wrist injuries (tenosynovitis and consequential CTS), including the period(s) of incapacity before and after surgery and whether the appellant was an earner immediately prior to incapacity, and then adjudicate weekly compensation accordingly. Left CTS is not covered and cannot support an entitlement.
30 Oct 2015

Hayes Accident Compensation Corporation

Citation

[2015] NZACC 327
Court

District Court

The Court held ACC's decision was unlawful because it failed to consider the nature and existence of the cover under s67(a); ACC therefore lacked a sufficient evidential basis under s117(1) to be "not satisfied" the claimant remained entitled, so the suspension was quashed and entitlements reinstated.
21 Mar 2012

H v Accident Compensation Corporation

Citation

[2012] NZACC 89
Court

District Court

The Court finds available medical evidence tends to show Morton's neuroma is a gradual biomechanical condition not demonstrably traumatic; the appellant's estoppel argument fails for lack of clear, convincing factual foundation; because the causation issue involves specialised medical matters the Court will appoint a medical assessor under s157 to review the materials and advise before final determination.

New Zealand Case Law

Hoeberechts v Accident Compensation Corporation (Incapacity - s 103)

Hayes Accident Compensation Corporation

H v Accident Compensation Corporation