22 Jun 2007
Beaumont v Accident Compensation Corporation
- Citation
- [2007] NZACC 139
- Court
- District Court
On the balance of probabilities the court accepted the opinions of the treating/opinion surgeons (Mr Fong and Mr Grant) that the 7 August 2005 accident caused supervening traumatic damage to an already weakened right knee, and that this injury was a proximate and effective cause of the need for timely total knee replacement; accordingly the ACC decision declining funding was quashed and ACC held liable to pay for the surgery.
- Causation
- Aggravation/acceleration of pre-existing condition
- Entitlement to medical treatment
- Interpretation of 'wholly or substantially' under s26