New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Cumulative injury

Legal area

Court

26 Nov 2014

Simonsen v Accident Compensation Corporation

Citation

[2014] NZACC 308
Court

District Court

On the balance of probabilities and applying Ambros, the Judge preferred the medical opinion of Mr Wickremesekera together with Dr Kanji and the factual history of multiple covered accidents and heavy manual work, and concluded the appellant's ongoing incapacity is caused cumulatively or in combination by covered injuries and is not wholly or substantially due to ageing; appeal allowed and ACC decision overturned.
14 May 2009

PHILIP NEIL MACPHERSON V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2008-485-2690

Citation

openlaw-8d144e4f_32a3_486b_9951_cb6ae4849401.pdf
Court

High Court

The District Court erred as a matter of law by failing to address and give reasons for accepting or rejecting material post-1997 medical evidence that was directly relevant to whether the Corporation could have been "not satisfied" as to continuing entitlements; the matter must be reheard by the District Court considering that evidence.
17 Aug 2000

Schlaadt v Accident Compensation Corporation

Citation

[2000] NZACC 206
Court

District Court

The Review Officer erred by confining consideration to a single prior fall; the appellant's documented series of falls must be examined for their cumulative effect and the respondent is directed to obtain further medical particulars and issue a fresh primary decision accordingly (pursuant to section 164(2)(b)).