10 Oct 2017
Oberholster v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2017] NZACC 122
- Court
- District Court
The Court preferred the treating surgeon's assessment (Mr Blackley) who had reviewed the x‑ray films, considered the full mechanism of both accidents and provided a coherent causal account that the covered injuries substantially caused the need for total right knee replacement; the Clinical Advisory Panel's opinions were given less weight because they had not viewed films or appreciated the mechanism, therefore the ACC decisions denying funding were set aside and the appellant was entitled to the surgery and reasonable costs.