28 Oct 2016
Clark v Accident Compensation Corporation
- Citation
- [2016] NZACC 289
- Court
- District Court
The Court upheld ACC's s117 suspension: ACC had sufficient evidence at the time of decision (reports from Dr du Plessis, Dr Lynch and orthopaedic review) to be 'not satisfied' that weekly compensation should continue; on rehearing the court preferred the respondent experts and found insufficient proof on the balance of probabilities that the 1988 motor vehicle accident caused the claimant's ongoing TBI sequelae, which were more plausibly linked to the 1986 gunshot injury.