28 Oct 1999
Bryant v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1999] NZACC 302
- Court
- District Court
Although the appellant was likely incapacitated from performing his hospital employment by severe diarrhoea, on the balance of probabilities the medical misadventure did not cause the personal injury (the underlying disease/irritable colon pre-existed and medical evidence attributed ongoing symptoms to the pre-existing condition and other factors); therefore the statutory requirement that the personal injury be caused by medical misadventure was not satisfied and the appeal must be dismissed.