27 Mar 2013
Wills v Accident Compensation Corporation
- Citation
- [2013] NZACC 88
- Court
- District Court
The Court accepted the specialist opinion of Mr Knight that, on the balance of probabilities and having reviewed the imaging and clinical history, the full thickness supraspinatus tear was probably caused by traumatic events (including a series of incidents) and therefore arose from an 'accident' within s25; consequently the s26 exclusion did not apply and ACC's refusal to approve surgery was quashed.
- Entitlement to cover for surgical treatment
- Causation: traumatic versus degenerative
- Application of s25 (accident) and s26 (exclusion)
- Prior approval for surgery