14 Jun 2018
The weight of contemporaneous radiological and expert evidence established the pathology as a longstanding gradual rotator cuff disease and impingement rendered symptomatic by the accident, rather than an injury-caused rotator cuff tear; therefore the need for surgery was not caused by the covered accident and the Corporation's decision to decline funding was correct.
31 Jul 2014
The appeal was dismissed because the temporal link was weak, the fall was low impact with delayed presentation, imaging and operative findings demonstrated degenerative changes and no clear traumatic lesion, and the treating surgeon's opinion was equivocal; on balance ACC's advisors' view that the condition was degenerative was preferred, so causation by accident was not established.
20 Mar 2013
The Court preferred the evidence of the treating surgeon (Mr Dalgleish) that the supraspinatus tendon tear was an acute injury caused by the 22 June 2011 event because MRI showed minimal supraspinatus muscle atrophy contrasted with marked atrophy of the pre-existing subscapularis tear; on the balance of probabilities the supraspinatus tear arose from the accident and ACC must fund the corrective surgery.
7 Oct 2008
The appellant failed to discharge the evidential onus on the balance of probabilities that the need for C5/6 surgery was causally connected to the 11 May 2004 accident; MRI evidence demonstrated degenerative cervical disease and the surgeon's statements were speculative rather than probabilistic, therefore the respondent correctly declined funding.
18 Mar 2003
Propecia treats male pattern baldness, a pre-existing physiological condition, not the compensable injury (excessive scarring and associated pain) for which cover was granted; Schedule 1 requires that funded treatment must be for the personal injury and be necessary and appropriate, therefore ACC correctly declined to fund Propecia and the appeal is dismissed.