New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Statutory exclusion s26(2)

Legal area

Court

30 Jan 2015

Daly v Accident Compensation Corporation

Citation

[2015] NZACC 18
Court

District Court

The appeal is dismissed because, although there was a temporal link to the beach incident, the available medical evidence does not establish on the balance of probabilities that the incident caused the stress fracture; the medical opinion indicated a gradual onset/repetitive strain process and s 26(2) principles exclude cover absent a demonstrated causal nexus.
29 May 2013

Gordon v Accident Compensation Corporation

Citation

[2013] NZACC 154
Court

District Court

The claimant failed to prove on the balance of probabilities that her chronic regional pain syndrome was caused in part by the covered 2004 left knee injury; medical evidence did not provide a reliable causal rationale linking the minor knee injury to the chronic pain disorder, so ACC was justified in being not satisfied of continued entitlements and the appeal is dismissed.