14 Aug 2018
Gallagher-Scott v Accident Compensation Corporation (Work Related Gradual Process Injury)
- Citation
- [2018] NZACC 130
- Court
- District Court
On the balance of probabilities the medical evidence did not establish a physical injury (no objective soft tissue damage on MRI and majority specialist opinion of a centrally mediated pain disorder/fibromyalgia); therefore the statutory threshold in s26 was not met and the appellant failed to establish a coverable gradual process injury under s30(2); the Corporation's decision to decline cover and the reviewer’s decision were correctly upheld.
- Work-related gradual process injury
- Definition of physical injury (strain/sprain)
- Fibromyalgia and primary pain syndromes
- Causation and evidential burden
- Section 30 three-part test