14 Mar 2019
Sanders v Accident Compensation Corporation (Funding for Surgery)
- Citation
- [2019] NZACC 20
- Court
- District Court
On the balance of probabilities the Court concluded the 23 November 2013 accident caused the appellant's focal Achilles tendinopathy (including an interstitial tear); the early ultrasound within three days showing severe focal tendinopathy with increased vascularity, the treating surgeon's opinion, absence of contralateral disease and permissible factual inferences outweighed the Clinical Advisory Panel's view that the condition was degenerative and only symptomatically aggravated, therefore ACC's refusal to fund surgery was incorrect.