15 Mar 2016
The Court accepted the orthopaedic opinion that MRI evidence showed longstanding degenerative disc disease at L4/5 not caused by a single event on 29 May 2010 and found the appellant did not prove on the balance of probabilities that the 2013 epidural was causally linked to the covered 2010 accident; consequently the ACC decision to decline funding was correct and the appeal was dismissed.
2 Sept 2014
The Corporation bears the onus to prove on the balance of probabilities that the claimant intended to remain absent from New Zealand for more than six months at the date of the accident; the evidence did not establish such an intention because plans were to reassess return by Christmas 2012 and therefore s17(2) exclusion did not apply; s17(4) does not extend to students, so no broader implication was warranted.
24 Dec 2013
The Court held that causation was not established on the balance of probabilities because the Pfannenstiel caesarean incision and prior infra‑umbilical surgeries did not disrupt tissues above the umbilicus where the hernia was located, there was no evidence the caesarean affected supra‑umbilical tissues, and medical opinion supported that the defect was most likely related to pregnancy‑related divarication rather than the surgical incision; therefore no entitlement to ACC cover under the Act.
26 Jun 2013
Judge preferred the detailed orthopaedic evidence (Mr Welsh) that the predominant pain was referred pain from cervical osteoarthritis and that hand dysfunction was functional/related to degenerative thumb disease; Dr Newburn's neuropsychiatric opinion was speculative and did not establish a clear causal nexus to the index injury; on that basis the Corporation's decision to decline cover for a somatoform pain disorder was correct and the review decision was upheld.
25 Jul 2005
The Court accepted the appellant's experts (principally Dr Wigley) that the 1995 acute neck strain caused by cradling the phone initiated ongoing symptoms and that inadequate remediation of the work posture permitted persistence and secondary chronic regional pain; on the balance of probabilities the current neck, shoulder and arm symptoms are a substantial consequence of the 1995 covered injury, so ACC’s disentitlement decision is quashed.
22 Apr 2004
Bending over to inspect a tyre caused an internal strain related to pre-existing degenerative disc disease and did not involve application of an external force or sudden movement to avoid external force as required by s.25(1)(a)(i); therefore no "accident" occurred and ACC cover was correctly declined.
27 Nov 2003
The arthroscopic surgery was occasioned by the workplace injury and the appellant's current pain is a direct consequence of altered patellar tracking caused by that surgery; therefore there is a sufficient causal nexus to the original injury to attract ACC cover, and the plica is a pre-existing anatomical structure not a disqualifying pre-existing condition.
7 Jul 2003
The appeal is dismissed because the appellant failed to prove a physical injury causally attributable to medical misadventure and failed to establish that he was not properly informed; the respondent’s expert evidence that no compensable physical injury existed was accepted.
17 Aug 2000
The appellant discharged the onus on the balance of probabilities by adducing uncontradicted expert medical evidence (Mr Cheng) that the 1999 incisional hernia resulted from a series of lifting events applying intra-abdominal pressure to a surgically weakened abdominal wall, satisfying the statutory definition of an "accident" (specific event or series of events and not a gradual process); accordingly the respondent's decision to decline cover was revoked and cover was granted.
4 Apr 2000
On the balance of probabilities the 24 November 1996 fall caused a slight anatomical shift in a pre-existing but asymptomatic lumbosacral spondylolisthesis that produced L5 nerve root entrapment causing the appellant's ongoing leg symptoms; therefore those symptoms are attributable to the accident and ACC's decision to decline cover was quashed.