5 Jun 2012
Kay v Accident Compensation Corporation
- Citation
- [2012] NZACC 191
- Court
- District Court
On the balance of probabilities the strain event of 1 December 2009 caused a traumatic protrusion (inguinal hernia) by stretching/tearing the inguinal ring and thereby caused the onset of the appellant's symptomatic hernia; the presence of pre-existing tissue weakness or an asymptomatic hernia does not negate that the accident precipitated the injury, and therefore ACC cover must be granted.