7 Feb 2019
McKay v Accident Compensation Corporation (Suspension of Entitlements)
- Citation
- [2019] NZACC 9
- Court
- District Court
The Court held that ACC had a sufficient evidential basis both at the time of suspension and on review to be 'not satisfied' that entitlements should continue because specialist opinion (Mr Pai) supported that the appellant's ongoing incapacity was substantially due to longstanding lumbar spondylosis with only possible aggravation from the fall; the contrary opinion (Mr Rao) lacked adequate medical reasoning regarding an acute far lateral L3/4 prolapse; accordingly the suspension under s117 was upheld and the appeal dismissed.