2 May 2019
Maitland v Accident Compensation Corporation (Entitled to Surgery)
- Citation
- [2019] NZACC 41
- Court
- District Court
On the balance of probabilities the MRI and expert medical evidence established moderate longstanding degenerative glenohumeral arthropathy and associated degenerative labral and tendinopathic changes that likely predated the 9 August 2015 incident; accordingly the appellant failed to prove the accident caused the diagnosed injuries or that the condition was a work related gradual process injury under s30, so ACC's declinations (surgery funding and gradual process cover) and the review decisions are upheld.