17 Feb 2009
Ballagh v Accident Compensation Corporation
- Citation
- [2009] NZACC 19
- Court
- District Court
On the balance of probabilities the Court preferred the treating surgeon's assessment, found the MRI, discogram and intra‑operative findings established a symptomatic right L3/4 prolapse, and concluded the fall while skiing on 5 January 2007 caused the L3/4 disc prolapse; accordingly the respondent's declinature was quashed and cover granted for that personal injury.