New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Clinical advisory review

Legal area

Court

31 Mar 2015

Buske v Accident Compensation Corporation

Citation

[2015] NZACC 77
Court

District Court

The court preferred the CAP analysis over the surgeon's opinion because contemporaneous records described an inversion injury inconsistent with the surgeon's later dorsiflexion mechanism and there was significant evidence of similar pre‑existing contralateral tendinosis; accordingly there was no causal link between the 16 September 2012 accident and the tendinosis requiring surgery, so ACC funding denial stands.
11 Dec 2014

Burns v Accident Compensation Corporation

Citation

[2014] NZACC 324
Court

District Court

The judge preferred the treating surgeon's consistent, reasoned clinical and radiological correlation that the mechanism involved sufficient force and the MRI lacked signs of chronicity, concluding on the balance of probabilities the rotator cuff tear was caused by the February 15, 2013 accident; therefore the Corporation's decline was quashed and funding should be granted.