New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Late filing/leave

Legal area

Court

11 Aug 2016

Davidoff v Accident Compensation Corporation

Citation

[2016] NZACC 213
Court

District Court

The appellant failed to prove on the balance of probabilities that his knee condition is either a discrete personal injury caused by accident or consequential on his accepted 2008 spinal injury; the medical evidence did not identify structural knee injury or a causal link, so ACC's decision to decline cover was upheld.
31 Jul 2014

Keatley v Accident Compensation Corporation

Citation

[2014] NZACC 173
Court

District Court

The District Court preferred the evidence of the appellant's treating and assessing expert (Dr Walls), found no objective evidence of pre-existing shoulder pathology and accepted that the hazardous, repetitive work on 28/29 April 2012 caused the appellant's subacromial bursitis/impingement; accordingly the April event was the cause of the injury and the claim is coverable under the Act.