New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S.7(1) causation test

Legal area

Court

12 Apr 1999

Tomlinson v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 92
Court

District Court

On the balance of probabilities the claimant's employment tasks at Portland Towers had particular properties (repetitive movements, arm elevation/over-reaching, lifting and unsuitable bench heights combined with increased workload) that caused her OOS; those properties were not found to any material extent in her non-employment activities; and the risk of suffering the injury was significantly greater for persons performing those tasks, therefore s.7(1)(a)-(c) are satisfied and the Review Officer's decision and Corporation's acceptance of cover are upheld.
26 Apr 1996

Bakula v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 29
Court

District Court

Dr Black's medical examination together with a workplace inspection conducted with the appellant present established that the appellant's draughting tasks, defective equipment and her short stature were particular characteristics that caused and substantially contributed to her regional pain syndrome; those characteristics were not present to any material extent in her non-employment activities and the risk was particular to her employment circumstances, therefore the s.7(1) statutory criteria were satisfied and the Review Officer erred in declining cover.