New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Delay in claim presentation

Legal area

Court

15 Mar 2016

Allen v Accident Compensation Corporation

Citation

[2016] NZACC 63
Court

District Court

The appellant failed to prove on the balance of probabilities that the present knee pathology and need for total knee replacement are causally linked to the 2006 accident; the contemporaneous medical record, long delay in reporting knee symptoms, and CAP/ACC medical opinion favour a degenerative/attritional aetiology, so causation to the accident is not established.
17 Feb 2009

Ballagh v Accident Compensation Corporation

Citation

[2009] NZACC 19
Court

District Court

On the balance of probabilities the Court preferred the treating surgeon's assessment, found the MRI, discogram and intra‑operative findings established a symptomatic right L3/4 prolapse, and concluded the fall while skiing on 5 January 2007 caused the L3/4 disc prolapse; accordingly the respondent's declinature was quashed and cover granted for that personal injury.