3 Dec 2013
On the medical evidence there was no objective proof of a physical injury caused by the January 2011 surgery or the June 2011 physiotherapy; pain alone without demonstrable physical injury does not meet the statutory requirement for a treatment injury under s32, therefore ACC's refusals were correct and the appeals are dismissed.
6 May 2013
The District Court judge (Beattie DCJ) held there is a significant question of law as to whether the statutory requirement that a treatment injury be a physical/personal injury under s26 was established on the evidence in the earlier decision, and accordingly granted leave to appeal to the High Court.
25 May 2012
There was no evidence that the appellant suffered a physical injury causally linked to the sigmoidoscopy; chronic pain without demonstrable physical injury does not satisfy s32 of the Accident Compensation Act 2001, therefore the decision to decline cover was correct and the appeal is dismissed.
16 Dec 2011
The appeal is dismissed because there is no evidence of a physical injury causing the appellant's jaw pain and the alleged causal link to the anaesthetic/LMA is only speculative; causation was not established on the balance of probabilities, and temporal association alone is insufficient for ACC cover.
17 Oct 2011
Because the appellant failed to establish any physical injury caused by medical treatment as required by section 32 of the Accident Compensation Act 2001, and a misdiagnosis/mental condition is not itself a treatment injury, the appeal must be dismissed.