13 Apr 2017
Andersen v Accident Compensation Corporation (Entitlements)
- Citation
- [2017] NZACC 42
- Court
- District Court
The Court upheld ACC's first decision of 16 July 2013 because the contemporaneous specialist assessment (Mr Pai), MRI findings and treating notes provided a sufficient basis to conclude the claimant had substantial capacity and that symptoms reflected aggravation of pre‑existing degenerative change rather than ongoing traumatic pathology; however the second decision of 3 February 2014 was quashed because ACC lacked a sufficient contemporaneous evidential basis and failed to comply with the procedural notice requirement of s117(2).