New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cover under s20(2)(g)

Legal area

Court

20 Feb 2018

Green v Accident Compensation Corporation (Cover)

Citation

[2018] NZACC 17
Court

District Court

The earlier final judicial decision conclusively determined there was no causal link between the appellant's 2004 and 2010 accidents and the degenerative C6/7 condition; the same issue between the same parties is now raised, so issue estoppel applies to bar re-litigation of causation and the s20(2)(g) cover claim is dismissed; alternatively, on the merits no new evidence was produced and cover would be refused.
26 Oct 2012

Accident Compensation Corporation v Kingi

Citation

[2012] NZACC 351
Court

District Court

The Court held that the post‑traumatic osteoarthritis was a separate personal injury under s20(2)(g) and, on the facts, manifested in April 2009; the correct date of that consequential injury is the date it became manifest and incapacitating (April 2009), so Mr Kingi was an earner at the time of that incapacity and entitled to cover and to be considered for weekly compensation from that date; while a formal claim may often be required, on these facts the Corporation should recognise cover effective from the April 2009 incapacity certification (no later than the May 2009 ARTP).