New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S30 accident compensation act 2001

Legal area

Court

11 Jul 2019

Hampson v Accident Compensation Corporation (Work Related Gradual Process Injury)

Citation

[2019] NZACC 76
Court

District Court

On the balance of probabilities the Court found that (a) the appellant's fencing tasks involved the particular characteristic of repetitive heavy lifting and carrying, (b) that characteristic contributed to the cause of his L5/S1 spinal pathology despite an acute traumatic fall, and (c) the risk of suffering the personal injury was significantly greater for persons performing those employment tasks; accordingly the s30 test was satisfied and the ACC decline of cover was set aside.
29 Apr 2016

Gapuzan v Accident Compensation Corporation

Citation

[2016] NZACC 124
Court

District Court

The court preferred the opinions of Drs Strack and Souter over Dr Bowles, finding on the balance of probabilities that the appellant's work as a kitter was generally light, of short duration, and did not have the forceful repetitive characteristics that would materially cause or put workers at significantly greater risk of lateral epicondylitis; pre-existing tendinopathy and other risk factors made exacerbation more likely than new occupational causation, therefore the s30 three-part test was not established.