New Zealand Case Law: Decisions & Judgments

Topic

Elective surgery approval

Legal area

Court

4 Sept 2012

Welsh v Accident Compensation Corporation

Citation

[2012] NZACC 296
Court

District Court

The appellant discharged the onus on the balance of probabilities: the treating specialist's reasoned opinion that the lateral talar dome osteochondral lesion was traumatic and would not have been asymptomatic was preferred to the respondent's CAP opinion which lacked sufficient explanation for why cystic change and chondral thinning could not have developed within the post-accident timeframe; ACC's decline was quashed and ACC must fund the surgery.
13 Mar 2012

Walsh v Accident Compensation Corporation

Citation

[2012] NZACC 81
Court

District Court

The appellant failed to prove on the balance of probabilities that the November 2010 surgery was to treat a condition arising from the May 2002 covered injury; expert evidence demonstrated the deformity and purpose of the surgery were directly related to the appellant's pre-existing Charcot-Marie-Tooth disease, so ACC's decision to decline funding was correct; however the Reviewer was wrong to deny hearing costs and those costs are awarded under the Review Costs and Appeal Regulations 2002.
17 Aug 2007

Mason v Accident Compensation Corporation

Citation

[2007] NZACC 189
Court

District Court

The corrective supramalleolar osteotomy treated the malunion of a childhood ankle fracture, not a condition caused by the 2001 ankle sprain; the 2001 injury only rendered the pre-existing malunion symptomatic or accelerated deterioration, which is insufficient to establish the required causal nexus for ACC cover, therefore the decline of approval was correct.

New Zealand Case Law

Welsh v Accident Compensation Corporation

Walsh v Accident Compensation Corporation

Mason v Accident Compensation Corporation