New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S103(2)

Legal area

Court

11 Apr 2017

Aria v Accident Compensation Corporation (Weekly Compensation)

Citation

[2017] NZACC 38
Court

District Court

On the medical evidence the appellant's incapacity from 28 December 2009 was caused by the 1974 motorcycle injury (fixed flexion deformity and vascular insufficiency), not by the 2007 abrasion; clause 48 does not apply to transfer payments to a pre-existing earlier injury; therefore there is no entitlement to weekly compensation beyond 28 December 2009 and the appeal is dismissed.
30 Nov 2015

Moore v Accident Compensation Corporation

Citation

[2015] NZACC 357
Court

District Court

Judge concluded appellant failed to prove on the balance of probabilities that covered lumbar injuries were a substantial cause of incapacity from October 2007; the predominant and substantial cause was the evolving demyelinating/polyneuropathic disease process, therefore ACC's decision declining weekly compensation was upheld and the appeal dismissed.