11 Apr 2006
Davy v Accident Compensation Corporation
- Citation
- [2006] NZACC 91
- Court
- District Court
On the balance of probabilities the Court accepted the occupational medicine specialists (Dr Sprott and Dr Hancock) that long term, sustained workplace exposure to known asthmagenic agents (glutaraldehyde and xylene) in a worker with a predisposition more probably induced or materially contributed to the appellant's bronchial asthma; predisposition alone did not bar cover and the contrary expert opinions did not outweigh the weight of occupational specialist evidence and the documented exposure history, therefore cover for occupational asthma was required.