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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 decison 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 exlcusion was clear on the face of the legislation.

 
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