29 Aug 1995
Horsley v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1995] NZACC 105
- Court
- District Court
Given the inaccessible pre-1989 records, the tribunal should assess secondary evidence on the balance of probabilities; the available evidence (injury severity, sister's statement, chiropractor contact, appellant's account of treatment and doctor's alleged statement that ACC would cover it) made it more probable than not that the appellant consulted his doctor and that the doctor billed the Corporation under the bulk billing system; the Review Officer's contrary conclusion rested on speculative inferences and was against the weight of evidence, so the decision declining s147 consideration was…