14 Sept 2016
Zaitsev v Accident Compensation Corporation
- Citation
- [2016] NZACC 261
- Court
- District Court
On the balance of probabilities the independent expert evidence (CAP and Mr Sexton), contemporaneous imaging and clinical presentation demonstrate the need for surgery resulted from a pre-existing degenerative AC joint arthropathy and gradual process that was at best aggravated by the 2012 fall, and the treating surgeon's opinion did not provide sufficiently cogent reasoning to displace that evidence; therefore the accident did not cause the need for surgery.