New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Spondylosis

Legal area

Court

8 Apr 2011

Atkins v Accident Compensation Corporation

Citation

[2011] NZACC 112
Court

District Court

Medical evidence established the appellant's spondylosis predated her Dunblane employment and there was insufficient evidence that wool-handling or caregiving tasks caused the degenerative changes or placed workers at a significantly greater risk; therefore the statutory requirements of s30 were not satisfied and cover must be declined.
8 Apr 2011

Atkins v Accident Compensation Corporation

Citation

[2011] NZACC 113
Court

District Court

On the balance of probabilities the appellant failed to prove that her incapacity from 25 January 2007 was caused by the covered thoracic strain of 14 October 2006; specialist medical evidence established that the ongoing incapacity arose from pre-existing degenerative thoracic and lumbar spondylosis, therefore weekly compensation was rightly declined.