New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Incapacity test s103

Legal area

Court

2 Feb 2018

Tonner v Accident Compensation Corporation (Weekly Compensation)

Citation

[2018] NZACC 25
Court

District Court

The appellant failed to prove continuous incapacity from 1997 on the balance of probabilities because the evidence lacked necessary detail about pre-injury tasks, post-injury functioning, and business operations; expert opinions lacked foundational analysis of work tasks and reasonable adaptation; contemporaneous records and assessments showed continuous self-employment until about 2007, so ACC correctly declined retrospective weekly compensation.
29 Aug 2011

Walker v Accident Compensation Corporation

Citation

[2011] NZACC 235
Court

District Court

On the evidence ACC received the review application on 12 October 2009 (so no deemed decision under s146) and medical evidence established on the balance of probabilities that the appellant's current incapacity is caused by degenerative lumbar disc disease unrelated to the 1994 coccyx injury; ACC was therefore entitled under s117 to cease weekly compensation and the District Court must uphold that suspension.