8 Feb 2000
Shaw v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [2000] NZACC 17
- Court
- District Court
On the balance of probabilities the appellant's ongoing back pain had not been shown to be wholly or substantially due to pre-existing degenerative disease and remained causally connected to the 4 July 1995 accident and its surgical consequences; therefore the respondent's cancellation under s73(1) was unlawful and must be revoked, with sections 8 and 10 applying on an ongoing basis to assess entitlement.