New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of section 7

Legal area

Court

3 Nov 1997

Barrett v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 216
Court

District Court

The Review Officer erred in treating the appellant's home self-employed typing as non-employment activity for s7(1)(b); self-employed typing counts as employment and therefore does not negate the employment characteristic; there was no evidence that stress or other characteristics in the non-employment environment duplicated the employment environment; medical evidence established OOS arising during employment and the risk of OOS is significantly greater for keyboard workers, so s7(1)(a),(b) and (c) were satisfied and the Corporation's acceptance of cover under s7 stands.
8 Aug 1997

Estate of Sundram v Accident Rehabilitation and Compensation Insurance Corporation

Citation

(1997) 1 BACR 457
Court

District Court

Although medical opinion indicated occupational nickel exposure may have predisposed the deceased to infection, there was no evidence the fatal fungal pneumonia was contracted in the workplace or that the workplace presented the particular hazard required by s7; the appellant failed to prove on the balance of probabilities that employment caused the death, so the appeal is dismissed.