19 Apr 2004
Tubb v Accident Compensation Corporation
- Citation
- [2004] NZACC 112
- Court
- District Court
On the balance of probabilities the appellant’s prolonged and repetitive fishing tasks on an unstable pitching deck had the particular properties that caused or materially contributed to his bilateral knee osteoarthritis, those properties were not present to a material extent in his non-employment activities, and the risk of such injury was significantly greater for persons performing those tasks or working in that environment; accordingly the respondent’s decision of 29 April 2002 declining cover was incorrect and is set aside.