1 Dec 2008
ACCIDENT COMPENSATION CORPORATION V MCENTEER HC WN CIV-2008-485-1800
- Citation
- openlaw-1edb19e6_4115_4682_8662_8c96ce5f1c9f.pdf
- Court
- High Court
Section 32(1)(c) should be read to treat injuries that are either a necessary part of treatment or an ordinary consequence of treatment as exclusionary; the evaluation of what constituted necessary parts and ordinary consequences is to be informed by the actual course of the particular treatment as it occurred (having regard to the claimant's underlying condition and clinical knowledge at the time), and there is no statutory positive onus placed on the Corporation to prove s32(2) exclusions once a claimant has made out a prima facie case.