5 Jul 2007
Martin v Accident Compensation Corporation
- Citation
- [2007] NZACC 148
- Court
- District Court
The respondent lacked a sufficient evidential basis under s117 to be 'not satisfied' that the appellant's incapacity was no longer attributable to the 1989 injury; earlier specialist findings of L5/S1 disc prolapse and nerve root compromise were not adequately rebutted by the later, superficial report of Mr Hadlow, so the suspension was unlawful and was quashed with restoration of entitlements and back payment.