New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 7 gradual process claims

Legal area

Court

26 Jun 2000

Lukken v Accident Compensation Corporation

Citation

[2000] NZACC 151
Court

District Court

On the balance of probabilities the appellant suffered a physical injury in the course of employment (initial OOS and thoracic spine sprain) caused or substantially contributed to by prolonged computer use under stressful conditions and inadequate workstation ergonomics; that causal nexus satisfies section 7(1) criteria and overcomes competing medical opinion attributing the syndrome to non-physical stress, thereby entitling the appellant to ongoing cover.
10 Jun 1998

Dalley v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 126
Court

District Court

The Court held that the material on file did not establish a specific diagnosis or identify the particular property or characteristic of the claimant's employment required by s7 to establish causation; because the Corporation failed to undertake adequate enquiries, the proper course is to remit the claim to the Review Officer to direct appropriate investigations (occupational history, workplace assessment and biomechanical analysis) to determine causation.