9 Jun 1998
Hita v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 123
- Court
- District Court
The 13 March 1997 letter was a preliminary statement, not a final reviewable decision, so s.90(9) did not apply; on the balance of probabilities the medical evidence established that the appellant's ongoing incapacity was due to pre-existing degenerative changes originating before ACC cover, and the February 1995 accident did not cause the degenerative condition, therefore no entitlement to cover and the review decision was upheld.