New Zealand Case Law: Decisions & Judgments

Topic

Suppression order s160

Legal area

Court

23 Jul 2019

TR v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2019] NZACC 86
Court

District Court

On the balance of probabilities the appellant's 2004 traumatic brain injury caused personality change and mild neurocognitive disorder as a mental injury under s26(1)(c); ACC's suspension was unlawful because it lacked a sufficient evidential basis and failed to analyse the covered injuries against the appellant's symptoms, so the decline and suspension decisions are set aside and cover is added for the two disorders.
2 May 2019

KD v Accident Compensation Corporation (Work Related Gradual Process Injury)

Citation

[2019] NZACC 40
Court

District Court

The Court accepted the Corporation's investigation and medical evidence (notably Dr Newburn) that the appellant has a predisposition to nerve entrapments and that the right ulnar nerve entrapment was rendered symptomatic by work rather than caused by it; therefore on the balance of probabilities the injury is not a compensable personal injury under s30 and the appeal is dismissed.
26 Mar 2019

KK v Accident Compensation Corporation (Treatment Injury)

Citation

[2019] NZACC 24
Court

District Court

The Court preferred the contemporaneous treating records and the opinions of the independent physiotherapy assessor (Mr Reid) and neurosurgeon (Mr Johnson) over the appellant's and Dr Holtzhausen's accounts; there was insufficient evidence to establish on the balance of probabilities that the physiotherapy (soft tissue/trigger point treatment and active head‑turning exercises) caused the appellant's vertebral artery dissection and stroke. Accordingly ACC's decision to decline cover was correct and the review decision was upheld; the appeal was dismissed.
2 May 2017

S v Accident Compensation Corporation (Disentitlement)

Citation

[2017] NZACC 45
Court

District Court

On the facts and medical evidence the appellant's major depressive disorder produced impaired perception, decision-making and impulsivity such that he did not have the cognitive capacity or forethought to wilfully or intentionally inflict the covered personal injury; accordingly s119 disentitlement did not apply and the reviewer and Corporation decisions denying entitlements (other than treatment) were quashed.
30 Oct 2015

J v Accident Compensation Corporation

Citation

[2015] NZACC 330
Court

District Court

On the balance of probabilities the evidence taken as a whole showed the appellant's post concussion syndrome symptoms persisted and continued to affect her capacity at the time ACC suspended entitlements; ACC failed to demonstrate a sufficient evidential basis to be 'not satisfied' under s117(1) that entitlement should be suspended, so the suspension was unjustified and must be quashed and entitlements reinstated.

New Zealand Case Law

TR v Accident Compensation Corporation (Suspension of Entitlements)

KD v Accident Compensation Corporation (Work Related Gradual Process Injury)

KK v Accident Compensation Corporation (Treatment Injury)

S v Accident Compensation Corporation (Disentitlement)

J v Accident Compensation Corporation