7 Nov 2007
No evidence established that the midwife's per vaginal examination constituted medical error nor that any physical injury at birth caused the appellant's developmental disorder on the balance of probabilities; accordingly ACC's decision to decline cover was correct and the appeal must fail.
29 Jun 1999
On the total medical evidence the respondent's ongoing symptoms are substantially caused by pre-existing degenerative changes in the lumbar spine; there is insufficient medical support that the accidents themselves caused the degenerative condition or are the predominant cause of ongoing incapacity, therefore s10 excludes cover and the appellant's decision to cease entitlements was correct; the procedural irregularity did not necessitate rehearing because the substantive appeal succeeds.
7 Jan 1998
The appellant's post-traumatic stress disorder was caused by non-physical (mental) stress arising from the employment; any physical assaults were incidental and not causative and chemical changes were consequences, therefore the injury is excluded by s.7(4) and not covered under the Act.