Far be it from me –

Judge rules sufficient evidence that appellant’s “schizophrenia” is caused by trauma

on December 4, 2013

recovery network: Toronto

Important landmark ruling by a court in Aotearoa / NZ, dated 22nd Nov, 2013 and upholding an appeal against a lower court ruling in a claim for compensation.

LS v Accident Compensation Corporation [2013] NZACC 385 (22 November 2013)

Judge LG Powell’s  ruling, is, in summary [and that’s my inexpert summary not the Judge’s own words]:

That in principle, there is sufficient body of evidence accumulated over recent years to demonstrate that life experiences are a significant causal contribution to a person suffering in later life in ways that can become diagnosed as “schizophrenia”; and specifically in the individual case before the court, there is sufficient evidence for ruling to support the plaintiff’s claim that schizophrenia is caused by his traumatic early experiences.

The central issue in the case accepted by both patios was of causation – in particular did the appellants experiences of contribute to the injury resulting in…

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