9 Nov 2017
Kusabs v Accident Compensation Corporation (Suspension of Entitlements)
- Citation
- [2017] NZACC 135
- Court
- District Court
The suspension was set aside because ACC did not possess sufficient, reasoned medical evidence to be 'not satisfied' under s117(1) that the claimant was no longer entitled to weekly compensation; the orthopaedic and BMA opinions relied on lacked adequate causal explanation differentiating the covered lumbar sprain from age-related degeneration and did not address ongoing rehabilitation and symptom continuity, so reinstatement and backdating of weekly compensation was required.