New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Predisposition vs injury
  • 15 Aug 2013

    Lonie v Accident Compensation Corporation

    Citation
    [2013] NZACC 250
    Court
    District Court

    On the balance of probabilities the appellant failed to prove that he suffered a personal injury by accident during 1980 military training that causally produced an enduring incapacity: contemporaneous records only reliably show a foxhole twist, no contemporaneous record supports the alleged 12‑foot jump injury, and medical evidence more persuasively establishes a pre‑existing predisposition and gradual process rather than an enduring injury from a specific accident; therefore ACC's declinature and the reviewer’s decision were upheld and the appeal dismissed.