New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Degenerative disease vs traumatic injury

Legal area

Court

22 Oct 2014

Ryan v Accident Compensation Corporation

Citation

[2014] NZACC 275
Court

District Court

On the balance of probabilities the appellant’s accident of 30 March 2012 contributed to the meniscal tear and related pathology in a more than minimal way, the primary purpose of the surgery was to treat that tear, and the condition was not shown to be wholly or substantially caused by ageing or a gradual process; therefore ACC cover is required.
9 May 2003

Fraser v Accident Compensation Corporation

Citation

[2003] NZACC 84
Court

District Court

The appeal was dismissed because medical evidence established the appellant's current symptoms are explained by pre‑existing disc degeneration rather than a work‑related gradual process; the appellant already had cover for the discrete 1996 strain event and that prior cover and any s66 deemed decision do not entitle him to cover for a different degenerative condition absent medical proof of work causation.