New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Definition of personal/physical injury

Legal area

Court

21 Sept 2016

Cone v Accident Compensation Corporation

Citation

[2016] NZACC 265
Court

District Court

Judge Harrison concluded the application for leave disclosed no question of law because Judge Mathers correctly applied law requiring identification of bodily harm with precision and made factual findings, based on medical evidence, that no physical injury caused the claimant's pain; therefore there was no proper legal question for High Court review.
13 Jan 2015

Cone v Accident Compensation Corporation

Citation

[2015] NZACC 3
Court

District Court

The judge preferred the contemporaneous specialist evidence (notably Dr Dryson) that the appellant's condition is a primary regional pain syndrome without objectively identifiable physical injury; on the balance of probabilities the appellant failed to prove a qualifying physical injury (eg tendonitis or muscle tear) caused by work tasks, so the Reviewer’s decision to decline cover was not plainly wrong and the appeal is dismissed.