8 Sept 2016
Whitcombe v Accident Compensation Corporation
- Citation
- [2016] NZACC 254
- Court
- District Court
Weighing expert opinion and the totality of evidence the appellant failed to prove on the balance of probabilities that the 1996 event caused the appellant's L5/S1 pathology; CAP's detailed analysis that the imaging and clinical course are consistent with gradual degenerative disease was persuasive, and although delay reduced available contemporaneous evidence it did not produce prejudice sufficient to dismiss under s53, therefore appeal dismissed.