13 Sept 2013
On the balance of probabilities the Court found it more likely than not that heavy keg lifting activity in or around September 2010 (either as a single event or a series of events over a short period) caused the subacromial bursal damage identified and treated by surgery; therefore the injury fell within s25(1)(a) as an accident and the Corporation erred in declining funding.
24 Apr 2013
Medical evidence established the femoral stress fracture developed cumulatively from repeated running over months and was already present but asymptomatic before 8 July 2010; the events were not distinguishable forceful events causing discrete injury but a gradual process, therefore the injury is not an 'accident' under s25(1) and ACC's decision declining cover was correct.
14 Dec 2012
Appeal dismissed because available medical evidence did not establish that the shoulder condition was a work-related gradual process injury; however ACC must investigate separately the claim that the injury arose from a series of events during the cobblestone job and prior factual findings on the gradual process claim shall not bar that investigation.
23 Jul 1999
On the balance of probabilities the initial 1985 playground fall initiated a pars stress fracture that failed to heal and subsequent identifiable external-force events (likely hockey-related hyperextension incidents) caused progressive vertebral slippage; those subsequent events constitute a series of accidents within the s.3 definition and the injury is covered under the Act rather than being a non-covered gradual process.