31 Aug 2016
Dayman v Accident Compensation Corporation
- Citation
- [2016] NZACC 242
- Court
- District Court
On the evidence available at the time of the respondent’s decision there was no proven personal injury causally linked to the DPASR: elevated metal ion levels were consistent with bilateral metal‑on‑metal implants and below levels meriting additional scrutiny, there was no structural failure or clear clinical harm demonstrated, and therefore the test for treatment injury under s32 was not met; recall or later adverse outcomes do not alone establish entitlement.