New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S.7(4) exclusion

Legal area

Court

7 Jan 1998

WDS v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 1
Court

District Court

The appellant's post-traumatic stress disorder was caused by non-physical (mental) stress arising from the employment; any physical assaults were incidental and not causative and chemical changes were consequences, therefore the injury is excluded by s.7(4) and not covered under the Act.
20 Dec 1995

Gill v Accident Rehabilitation and Compensation Insurance Corporation

Citation

(1995) 1 BACR 151
Court

District Court

Because s.7(4) expressly excludes non-physical stress from being a disease arising out of and in the course of employment and the appellant's separate claim for employment-related stress was lodged after the transitional cutoff in s.135(5), the appellant was not entitled to cover; the 1986 psychological treatment related to a rugby injury and did not constitute a lodged claim for work-related stress.