New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Procedural adequacy and investigative duties
  • 10 Jun 1998

    Dalley v Accident Rehabilitation and Compensation Insurance Corporation

    Citation
    [1998] NZACC 126
    Court
    District Court

    The Court held that the material on file did not establish a specific diagnosis or identify the particular property or characteristic of the claimant's employment required by s7 to establish causation; because the Corporation failed to undertake adequate enquiries, the proper course is to remit the claim to the Review Officer to direct appropriate investigations (occupational history, workplace assessment and biomechanical analysis) to determine causation.

    • Section 7 gradual process claims
    • Coverage entitlement
    • Medical causation
    • Procedural adequacy and investigative duties
    • Review and remittal