New Zealand Case Law: Decisions & Judgments

Topic

Mild traumatic brain injury

Legal area

Court

19 Dec 2014

Knight v Accident Compensation Corporation

Citation

[2014] NZACC 338
Court

District Court

On the evidence the Corporation did not possess clear, unambiguous medical proof to be 'not satisfied' that entitlements should be suspended for either the 1986 back injury or the 2006 head injury; conflicting specialist opinions left causation uncertain for 1986 and medical and neuropsychological evidence supported a causal link for the 2006 mild TBI, so both appeals succeed and the suspension decisions are quashed.
19 Sept 2014

Hewitt v Accident Compensation Corporation

Citation

[2014] NZACC 226
Court

District Court

On the balance of probabilities the Judge accepted Dr Newburn's neuropsychiatric opinion that the appellant sustained a mild traumatic brain injury on 11 March 2011 and that her symptoms as at 6 May 2011 were causally related to that injury; accordingly the Corporation's decision to decline weekly compensation was set aside and the appellant's entitlements restored.
23 May 2014

Jolly v Accident Compensation Corporation

Citation

[2014] NZACC 130
Court

District Court

Appellant did not prove on the balance of probabilities that his incapacity was caused by a traumatic brain injury from the March 2006 accidents: contemporaneous ED records recorded no loss of consciousness or focal signs, ISIS findings were inconsistent and raised motivational concerns, MRI demonstrated multiple ischaemic lesions pointing to vascular brainstem pathology that plausibly explains the disabling balance symptoms; therefore the decision declining weekly compensation is correct and must be affirmed.

New Zealand Case Law

Knight v Accident Compensation Corporation

Hewitt v Accident Compensation Corporation

Jolly v Accident Compensation Corporation