Simm v. Accident Compensation Commission

The appellant was denied cover for lung cancer caused by passive smoking in the workplace under the Injury Prevention, Rehabilitation and Compensation Act 2001 ("the 2001 Act"). The insurer denied cover because, although the 2001 Act provided cover for this type of claim, the previous Act specifically excluded it, and the 2001 Act's transitional provisions required the injury to have also been compensable under the previous Act.

In the lower Court, Ongley J upheld the insurer's decision to deny coverage (see: Simm v. Accident Compensation Commission [2005] NZACC 33 (1 February 2005)). This was an appeal from Ongley J's decision.

The High Court rejected the appeal, agreeing with Ongley J that the exclusion was clear on the face of the legislation.

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Simm v. Accident Compensation Commission [2006] NZHC 1634 (20 December 2006)

  • New Zealand
  • Dec 20, 2006
  • High Court of New Zealand

Parties

Plaintiff David Simm

Defendant Accident Compensation Corporation

Cited Legislation

Accident Insurance Act 1998 (NZ)

Injury Prevention, Rehabilitation and Compensation Act 2001 (NZ)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

None

Type of Tobacco Product

None