New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 7(1) criteria

Legal area

Court

6 Aug 1999

Bishop v Accident Compensation Corporation

Citation

[1999] NZACC 213
Court

District Court

The appeal is dismissed because the appellant failed to prove on the balance of probabilities that s7(1)(c) was satisfied for the carpal tunnel syndrome claim, and the District Court lacked jurisdiction under s91 to decide a new distinct diagnosis (regional pain syndrome) that was not the subject of the primary decision and review.
22 Apr 1999

Burgess v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 99
Court

District Court

The Court found on the balance of probabilities that the appellant suffered a personal injury (bilateral medial epicondylitis diagnosed by GP) and that s7(1)(a),(b) and (c) were satisfied based on occupational therapist, GP, physiotherapist evidence and the orthopaedic surgeon's acknowledgement that work activities could be a significant contributory factor; consequently the respondent's decision to decline cover was wrong and revoked.