7 Mar 2005
Buckley v Accident Compensation Corporation
- Citation
- [2005] NZACC 62
- Court
- District Court
Appellant failed to prove on the balance of probabilities that any medical error or medical mishap occurred at the time of the 1970/1974 treatments; independent medical evidence established osteoarthritis as a likely long-term consequence of altered mechanics rather than proof of contemporaneous error, and section 32(2) bars cover for later complications absent such error, therefore the ACC decision to decline cover was correctly confirmed and the appeal is dismissed.