New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of 'wholly or substantially'

Legal area

Court

15 Jun 2012

Estate of Earl v Accident Compensation Corporation

Citation

[2012] NZACC 201
Court

District Court

On the medical evidence the substantial (indeed whole or at least dominant) cause of death was COPD, bronchiectasis, infections and advanced age; asbestosis made no more than a marginal or insignificant contribution to death, so the statutory exclusion in s26 applies and ACC's denial of accidental death entitlements is upheld.
1 May 2012

Ingoe v Accident Compensation Corporation

Citation

[2012] NZACC 145
Court

District Court

On the balance of probabilities the Court accepted the operating surgeon's evaluation that the accident materially caused a supraspinatus tendon tear requiring surgery and that pre-existing degeneration did not reach the level of being wholly or substantially responsible for the need for surgery; therefore ACC's refusal was quashed and funding ordered.