New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Evaluation of medical expert evidence

  • 28 Mar 2018

    Andersen v Accident Compensation Corporation (Leave to Appeal)

    Citation
    [2018] NZACC 56
    Court
    District Court

    The application for leave was dismissed because the issues raised were factual assessments of capacity and expert evidence credibility for which the District Court was entitled to prefer Mr Pai's opinion; no question of law sufficiently arguable was identified to justify leave to appeal to the High Court.

    • S162 leave to appeal
    • S103(2) capacity to work
    • S117 cancellation of weekly compensation
    • Evaluation of medical expert evidence

  • 8 Feb 2000

    Shaw v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [2000] NZACC 17
    Court
    District Court

    On the balance of probabilities the appellant's ongoing back pain had not been shown to be wholly or substantially due to pre-existing degenerative disease and remained causally connected to the 4 July 1995 accident and its surgical consequences; therefore the respondent's cancellation under s73(1) was unlawful and must be revoked, with sections 8 and 10 applying on an ongoing basis to assess entitlement.

    • Cover under acc act
    • Section 10 exclusions
    • Section 73 cancellation/review
    • Causation between accident and disease
    • Evaluation of medical expert evidence

  • 11 May 1999

    Hatchard v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1999] NZACC 116
    Court
    District Court

    On the balance of probabilities the appellant suffered a work‑related musculoskeletal injury evolving into a myofascial/chronic pain syndrome and the employment tasks materially contributed to that injury within the meaning of s7; therefore the ACC decision declining cover was revoked and cover granted.

    • Gradual process injury
    • Causation (work relatedness)
    • Evaluation of medical expert evidence
    • S7 acc act entitlement to cover
    • Review of decline of cover