New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Coverage of elective surgery

Legal area

Court

2 Feb 2012

Campbell v Accident Compensation Corporation

Citation

[2012] NZACC 32
Court

District Court

The Court preferred the treating surgeon's evidence and findings (including intra-operative confirmation of the partial thickness tear and associated traumatic lesions) and found on the balance of probabilities that the rotator cuff tear was caused by the skiing accident on 21 July 2008; accordingly ACC was liable to fund the elective surgery.
30 Oct 2009

Farrell v Accident Compensation Corporation

Citation

[2009] NZACC 187
Court

District Court

On the balance of probabilities the appellant suffered an acute labral tear or an extension of a pre-existing tear in the 11 May 2007 accident and that tear was the primary cause of his symptoms and the substantial reason for the surgical dislocation; therefore the surgery treated a medical condition arising from a covered personal injury and ACC must meet the costs.