New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cumulative injuries

Legal area

Court

28 Aug 2018

Aston v Accident Compensation Corporation (Treatment Injury)

Citation

[2018] NZACC 140
Court

District Court

Judge preferred the Corporation's medical advisor (Dr Snyman) over the treating specialist; there is no reliable medical or imaging evidence that the 1985 forestry accident or other accepted claims caused a lumbar injury or facet joint pathology and the appellant failed to establish causation on the balance of probabilities, therefore ACC correctly declined funding and the appeal is dismissed.
14 Aug 2012

MacPherson v Accident Compensation Corporation

Citation

[2012] NZACC 271
Court

District Court

On the balance of evidence the contemporaneous orthopaedic opinion of Mr Jones (5 June 1997) that the appellant had no present incapacity is preferred; there was insufficient cogent evidence that the appellant's chronic spinal symptoms were caused by covered injuries and ACC had sufficient basis in June 1997 to be not satisfied of continuing entitlement to weekly compensation, so the termination decision stands.