31 Aug 2015
The decision to suspend was quashed because at the time it was made the Corporation did not possess sufficient medical evidence or other material to be "not satisfied" that the appellant was not entitled to continue receiving entitlements under s117(1); therefore the suspension was unlawful and must be set aside.
12 May 2009
On the balance of probabilities the weight of medical evidence established that Mrs Carter's chronic pain disorder was causally connected to the 23 September 1991 accident; ACC did not have a sufficient evidential basis to suspend entitlements without obtaining further specialist pain opinion; consequently the District Court allowed the appeal and quashed the ACC decision and the reviewer decision.
14 Dec 2004
Judge Beattie correctly applied the legal test requiring the appellant to prove a causal nexus on the balance of probabilities; the medical evidence (Hopkins and Otto) established the original back strain had largely dissipated and the degenerative spondylosis was the ongoing cause of symptoms, therefore entitlements were properly ceased and reassessment for an independence allowance correctly refused.