30 Nov 2015
Deaker v Accident Compensation Corporation
- Citation
- [2015] NZACC 364
- Court
- District Court
The Corporation's decision to decline cover was correct. The diagnosed conditions (inflammatory arthritis and tenosynovitis) are gradual process/disease excluded by s26(2) unless s30 is satisfied; the medical evidence, weighted in favour of rheumatologists, establishes the conditions are due to underlying inflammatory disease (genetic predisposition) and not caused or materially contributed to by the appellant's employment tasks, and the s30(2)(c) requirement of a significantly greater risk for persons performing the employment task is not met; consequently there is no basis to remit and the…