28 Apr 2006
Kenealy v Accident Compensation Corporation
- Citation
- [2006] NZACC 102
- Court
- District Court
Although medical evidence established the appellant's neck and back condition was due to progressive degenerative disease and not compensable, ACC's decision suspended all entitlements without addressing ongoing incapacity recorded in relation to the appellant's elbow claim (Claim 259/256). Given medical certificates in ACC's possession indicated continuing incapacity from that covered elbow injury, the suspension could not be sustained as to all entitlements; weekly compensation must be reinstated for the elbow claim until ACC makes a specific primary decision on that claim, and ACC must con…