22 Jan 2019
Wytenburg v Accident Compensation Corporation (Entitlements)
- Citation
- [2019] NZACC 2
- Court
- District Court
On the balance of probabilities the evidence establishes that the appellant's medial tibialis posterior dysfunction and planovalgus deformity represent a gradual degenerative process predating 2009 with MRI and clinical signs noted in 2006 and 2009; any contribution from the 2009 lateral inversion injury is at best acceleration of a pre-existing condition and therefore excluded under s26, so the required surgery is not causally linked to the covered accident and the appeal must be dismissed.