New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Entitlement to cover under section 7

Legal area

Court

4 Oct 2000

Morgan v Accident Compensation Corporation

Citation

[2000] NZACC 259
Court

District Court

The judge refused a further adjournment because the respondent had delayed and the interests of justice did not justify further delay; the respondent then discontinued opposition and the appeal was allowed, resulting in reinstatement of entitlement from the date of cessation and an award of costs to the appellant.
19 Nov 1999

Teen v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 335
Court

District Court

On the balance of probabilities the appellant suffered a physical injury (a chronic regional/fibromyalgia-type pain syndrome) caused by the physical stress and poor ergonomics of her employment; the initiating factor was physical not purely non-physical stress, so s7(4) does not preclude cover; public policy or consensus findings cannot override the statutory test, therefore entitlement under s7 is established and entitlements must be reinstated.