7 May 2015
Weighing the totality of evidence and competing specialist opinions, the Court found on the balance of probabilities that the MRI appearances and contiguous pattern of degenerative change were more consistent with a gradual degenerative process than with a single traumatic event in 2009; therefore the reviewer was correct to decline cover for the lumbar conditions and the appeal is dismissed.
11 Mar 2015
On the balance of probabilities the preponderance of specialist evidence established that the appellant's incapacity preventing full-time work was no longer attributable to the covered traumatic brain injuries but to a bipolar disorder; accordingly ACC's suspension of weekly compensation was lawful and the appeal is dismissed.
27 Feb 2015
Although the appellant had cover for specified neck sprain claims, the contemporaneous medical imaging and expert opinions established C6-7 degenerative disc disease as the cause of the surgical pathology and found no plausible causal link from the covered sprain-type injuries; therefore funding for the surgery was not payable and the Corporation's decision to decline was correct.
19 Mar 2014
The reviewer erred by failing to consider the 1986 sacral fracture as a relevant covered injury and by treating the review as limited to the 1995 and 2009 events; the weight of competent medical opinion supported that the 1986 injury was the inciting event causing subsequent disc degeneration and materially contributed to the need for surgery, so the Corporation's suspension of entitlements was quashed and must be set aside.
22 Mar 2005
The appellant sustained an ulna impaction injury caused by the pelting task, but failed the s33(2)(c) test because the injury resulted from the appellant's uncommon anatomical predisposition (long ulna) and there was no evidence that pelting posed a significantly greater risk of ulna impaction to persons in general; therefore cover is denied and the appeal is dismissed.
26 May 2003
The appeal fails because there was no established medical error by the GP — he advised of risks, checked for contraindications and reasonably prescribed Mercilon — and there is insufficient evidence that Mercilon caused the stroke; the stroke is more likely attributable to the appellant's cardiac defect and history of smoking, so the respondent's decision to decline cover is confirmed.
31 Jul 2000
On the balance of the medical evidence the appellant's adhesive capsulitis was not caused by the June 1995 injury for which ACC had accepted cover; therefore ACC's decision to cease payments was justified and the appeal is dismissed.