New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Hearing aids entitlement

Legal area

Court

23 May 2007

Bryant v Accident Compensation Corporation

Citation

[2007] NZACC 98
Court

District Court

Medical evidence established that only a small proportion (5–10% NAL) of the appellant's overall hearing loss was attributable to occupational noise and further deterioration occurred after noise exposure ceased; therefore the need for a hearing aid was not required "as a direct consequence" of the covered injury under s81(4)(c)(i) and ACC was not obliged to fund it, so the appeal is dismissed.
4 Aug 2005

Lawson v Accident Compensation Corporation

Citation

[2005] NZACC 236
Court

District Court

On the evidence before the respondent in 2003 (Dr Gilbert’s reports) the occupational NIHL component remained small (approximately 9%) and the additional deterioration was from non‑covered causes; Dr Stevenson’s later report did not demonstrate a greater NIHL or undermine the apportionment. Therefore the respondent properly exercised its discretion under s81(4) and was not required to fund hearing aids for the covered NIHL component alone.