New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Symptom validity

Legal area

Court

26 Oct 2017

Subritzky v Accident Compensation Corporation (Cover for Mental Injury)

Citation

[2017] NZACC 130
Court

District Court

The Court preferred Dr Malone's comprehensive, contemporaneous-record‑based psychiatric assessment which identified significant symptom validity concerns, found no current PTSD or post-concussional disorder and concluded the appellant's schizoaffective/bipolar disorder was not materially caused by the 1997 assault; on the rehearing the appellant failed to prove on the balance of probabilities a clinically significant PTSD or PCS causally linked to the covered physical injury, therefore the Corporation's decision of 4 September 2013 and the reviewer’s decision were correctly upheld and the app…
27 Mar 2013

Greenland v Accident Compensation Corporation

Citation

[2013] NZACC 86
Court

District Court

On the facts the advocate acted reasonably in seeking disclosure and consultation about the proposed assessment methodology for a claimant with complex brain injury and somatoform features; given the risk of confirmation bias and lack of adequate dialogue ACC's insistence and threat to suspend entitlements was not reasonable in the circumstances, so the suspension under s117 was set aside and entitlements reinstated.