New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Post-concussional syndrome

Legal area

Court

19 May 2016

W v Accident Compensation Corporation

Citation

[2016] NZACC 139
Court

District Court

Given the totality of medical evidence available to ACC at the time of its 3 September 2013 decision, including specialist neurology, neuroradiology and psychiatric opinions, ACC had a reasonable and sufficient basis to be 'not satisfied' that the appellant's ongoing incapacity was causally related to an organic brain injury from the 2002 accident and therefore lawfully suspended weekly compensation under s117(1); the appeal is dismissed.
8 Apr 2008

Foley v Accident Compensation Corporation

Citation

[2008] NZACC 76
Court

District Court

On the balance of probabilities the appellant suffers Major Depressive Disorder which was materially contributed to by the physical injuries and post‑concussional symptoms arising from the assault; post‑concussional syndrome and PTSD were not established under DSM‑IV criteria. Consequently the respondent's decision declining cover is quashed and ACC cover is to be granted for the major depressive disorder.