29 Jan 2016
R v Accident Compensation Corporation
- Citation
- [2016] NZACC 24
- Court
- District Court
ACC's suspension decision was unlawful because it relied on a report that failed to analyse the nature of the covered injuries against ongoing symptoms; evidence from treating specialists (notably neurologist and psychiatrist) showed effects of TBI, chin and neck injuries were not spent and ACC therefore lacked a sufficient basis under s117(1) to suspend entitlements; on causation, the balance of probabilities and robust inferences from mechanism, contemporaneous records and imaging established the TMJ injury was caused by the 26 June 2006 accident; deemed cover issue rendered moot by finding…