18 Oct 2018
Tuhaka v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2018] NZACC 165
- Court
- District Court
On the balance of probabilities the subacromial impingement that required surgical treatment was not causally related to the 5 April 2017 accident; CAP's analysis that the condition was degenerative/age‑related and the SLAP lesion incidental was more persuasive than the operating surgeon's limited causation opinion, therefore ACC's decision to decline funding was correct.