3 Dec 2015
H v Accident Compensation Corporation
- Citation
- [2015] NZACC 371
- Court
- District Court
The court held s360 applies to this claim lodged in 2007 so both the 1982 and 2001 Act criteria must be satisfied; on the evidence the 2001 Act causation test (mental injury suffered because of physical injuries) was not established on the balance of probabilities, expert opinion relied on by ACC (Dr Gordon, Dr Walker, Dr Barry-Walsh) demonstrated the earlier acceptance relied on an inadequate psychiatric opinion (Dr Williams) and was therefore erroneous and properly revoked; accordingly the appeal is dismissed.