New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Medical treatment reimbursement

  • 19 Oct 2009

    Baker v Accident Compensation Corporation

    Citation
    [2009] NZACC 177
    Court
    District Court

    The appellant failed to establish on the evidence that the 1 January 1992 lumbar strain caused her ongoing chronic pain or sequelae; radiology showed degenerative change without nerve root compromise and neurologist opinion attributed hyperaesthesia to prior encephalitis, so ACC was justified to suspend entitlements under s117 and to decline reimbursement for the claimed medications.

    • Causation
    • Chronic pain syndrome
    • Entitlement suspension
    • Medical treatment reimbursement
    • Section 117 review
    • Section 149 appeal

  • 9 Mar 2004

    Accident Compensation Corporation v Patrick

    Citation
    [2004] NZACC 39
    Court
    District Court

    The weight of medical evidence established that the respondent’s varicose veins were caused by an incompetent perforator (a pre-existing venous valve failure) and were not caused by the treatment (plaster cast); mere aggravation by treatment is insufficient to qualify as a consequential injury under s39(2)(g); the respondent failed to prove a causal nexus on the balance of probabilities, so ACC’s decision to decline cover is correct.

    • Causation
    • Consequential injury cover
    • Administrative review
    • Medical treatment reimbursement