10 Oct 2012
Hamblett v Accident Compensation Corporation
- Citation
- [2012] NZACC 340
- Court
- District Court
On the balance of probabilities the evidence did not establish that the 2007 accident caused the complete rotator cuff tears; credible medical opinion (weight given to Dr Bodel) showed the tear was longstanding and primarily the result of a gradual degenerative process, with the 2010 accident at most aggravating or extending an existing lesion; therefore s26 excludes cover for the surgery and the appeal is dismissed.