New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 117 acc act 2001

Legal area

Court

31 Jul 2018

Popoalii v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2018] NZACC 123
Court

District Court

ACC did not have a sufficient evidential basis at the date of its decision to be 'not satisfied' that the claimant's entitlements should continue to be suspended because the medical opinions relied on (notably the independent orthopaedic and Branch Medical Advisor) failed to provide clear, reasoned causation analysis linking or excluding the covered injuries; accordingly the suspension was unlawful and the decision to suspend was set aside.
29 Apr 2016

Lyes v Accident Compensation Corporation

Citation

[2016] NZACC 109
Court

District Court

Although the initial decision to suspend entitlements was supportable on the basis of Dr Kenny's contemporaneous opinion, having regard to all evidence before the Court the accredited employer/Corporation no longer had a sufficient evidential basis to be 'not satisfied' that the appellant was not entitled to ongoing entitlements; the Court preferred the opinion and expertise of the pain specialist Dr Laubscher, accepted the diagnostic block evidence pointing to a sacroiliac focus causally linked to the February 2013 accident, and accordingly allowed the appeal and set aside the suspension.