7 Nov 2003
Lecky v Accident Compensation Corporation
- Citation
- [2003] NZACC 278
- Court
- District Court
On the balance of probabilities the appellant's current chronic pain disorder is wholly or substantially attributable to pre-existing osteoarthritis and the adverse outcome of surgery for that disease, not to an ongoing injury from the 1995 accident or treatment of that injury; the chain of causation to the 1995 accident was broken before surgery, so the condition is not 'an outcome of' the accident or of treatment for an accident and therefore is not covered under the 1992 Act (s4 and s10).