15 Dec 2015
Osner v Accident Compensation Corporation
- Citation
- [2015] NZACC 384
- Court
- District Court
The Court preferred the ACC Clinical Advisory Panel’s evaluation over the treating surgeon: on the balance of probabilities the surgical pathology (extensive labral tear and multi-tendon cuff pathology) was more likely the result of progressive degenerative/impingement changes with symptomatic aggravation rather than caused by the 4 May 2014 accident; the appellant failed to prove causation between the covered injury and the surgery, so ACC’s refusal to fund the surgery was upheld.