New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Coverage of pre-existing conditions

Legal area

Court

22 Jul 2011

Spray v Accident Compensation Corporation

Citation

[2011] NZACC 202
Court

District Court

On the balance of probabilities the lumbar sprain had ceased to be the operative pathology and the appellant's ongoing symptoms were attributable to pre-existing degenerative spondylosis rendered symptomatic by the fall; degeneration was not caused by the accident and therefore ACC correctly suspended entitlements.
6 Oct 2010

Wallace v Accident Compensation Corporation

Citation

[2010] NZACC 170
Court

District Court

The appellant failed to establish on the balance of probabilities that the proposed surgery was treatment for the covered shoulder sprain or for a medical condition caused by that sprain; the medical evidence showed calcific tendonitis likely pre‑dated the event and no assertive opinion linked the surgery to the 18 June 2008 incident, therefore ACC's decision to decline funding was correct.