New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Irritant versus allergic sinusitis
  • 17 Jul 2003

    Houlbrooke v Accident Compensation Corporation

    Citation
    [2003] NZACC 151
    Court
    District Court

    On the balance of probabilities the appellant's chronic sinusitis, as presented when the claim was lodged, had an irritant component caused by workplace exposure to glutaraldehyde and met the s33 criteria (cover granted); the neurotoxicity produced only mild cognitive impairment and did not constitute incapacitating injury for weekly compensation, so the respondent's decision to decline weekly compensation for neurotoxicity was correct, though weekly compensation may flow from incapacity due to the covered sinusitis.