31 Jul 1998
MB v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 172
- Court
- District Court
On the balance of probabilities the appellant's ongoing incapacity is substantially caused by a pre-existing degenerative osteoarthritis process disclosed by x-rays and specialist evidence; s.135 does not prevent reconsideration under the 1992 Act and s.73(1) authorises cancellation where information does not support continued entitlement, therefore ACC's cancellation was lawful and appeal is dismissed.