New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Osteolysis

Legal area

Court

14 Aug 2012

Bendall v Accident Compensation Corporation

Citation

[2012] NZACC 274
Court

District Court

There was insufficient evidence to establish, on the balance of probabilities, that the February 2009 accident caused the tibial fracture and consequent need for revision surgery; the respondent's view that a gradual process (osteolysis/varus tilt and stress fracture) was the more likely cause was supported by the timeline and contemporaneous records, so ACC's refusals were correct.
28 Apr 2005

King v Accident Compensation Corporation and another

Citation

[2005] NZACC 135
Court

District Court

Appellant failed to prove on the balance of probabilities that the particular property or characteristic of his employment caused or materially contributed to his osteolysis to the extent required by s30(2) because credible medical evidence established a strong association between the condition and non-employment weightlifting and the appellant did not exclude gym weightlifting as a substantial cause; therefore s30 is not satisfied and cover is not available.