New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Revocation/revision of cover

Legal area

Court

28 Mar 2019

Lowe v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2019] NZACC 25
Court

District Court

The April 8 2016 cover decision was made in error because no medical evidence supported a sprain/strain diagnosis; revocation under s65 was therefore justified; there was no clear evidence of a personal injury in December 2015 and the suspension decision was rendered moot, although equitable payment of weekly compensation for 3 October 2016 to 25 January 2017 was ordered due to investigative deficiencies.
9 Mar 2005

Edwards-Atkinson v Accident Compensation Corporation

Citation

[2005] NZACC 75
Court

District Court

On the evidence the appellant did not suffer a discrete antecedent physical injury at the time of her 1996 claim; her condition is a chronic pain/fibromyalgia-type syndrome without objective focal physical injury, and such a primary pain syndrome does not satisfy the statutory definition of ‘personal injury’ (physical injury) under the 1992 Act; therefore ACC correctly revised and revoked the earlier grant of cover.