1 Jul 2016
Devery v Accident Compensation Corporation
- Citation
- [2016] NZACC 179
- Court
- District Court
The Court found the appellant did not establish a physical injury on objective medical evidence (imaging and clinical consensus supported myofascial pain syndrome as a disease process rather than demonstrable tissue disruption) and, alternatively, even if an injury existed there was no evidence of a specific accident or causal series of events arising from his work; accordingly ACC cover was correctly declined and the appeal is dismissed, but the reviewer’s refusal to award representation costs is set aside and representation costs at review are granted.