17 May 2022
The Supreme Court granted leave to appeal and leave to cross-appeal to resolve whether the Court of Appeal erred in its interpretation of Willis and ss 317 and 21B of the ACC Act and to determine the question of entitlement to ACC cover; the issues are suited to full appellate consideration.
7 Sept 2018
On the balance of probabilities the clinical timeline, contemporaneous notes, imaging sequence (intact tendons on ultrasound 28 March 2013 and degenerative tears on MRI 5 June 2013), expert opinions (Scragg, Beaumont, Clinical Advisory Panel) and operative findings demonstrated the rotator cuff and biceps pathology was far more likely due to a degenerative process or progression after March 2013 rather than causally caused by the 13 February 2013 workplace event; therefore ACC was correct to withhold entitlements for the later tears and the appeal is dismissed.
17 Nov 2016
On the balance of probabilities the contemporaneous clinical records and imaging (ultrasound 06/01/2014 and MRI 25/09/2014), supported by CAP review, demonstrate longstanding degenerative AC joint arthropathy, subacromial impingement and multi‑tendinopathy rather than discrete traumatic rotator cuff injury caused by the covered accidents; appellant failed to establish the required causal link and therefore ACC's refusal to fund surgery was correct.
22 Oct 2015
The appeal is dismissed because on the balance of probabilities the medical evidence demonstrates pre-existing nasal/sinus disease and only a possible or temporary aggravation from the single exposure; there is no reliable medical diagnosis of an identifiable personal injury (anosmia/hyposmia) causally attributable to the accident, and symptoms alone do not establish ACC entitlement.
3 Jul 2015
The reviewer erred by not addressing the substantive causation issue; on the totality of the evidence including the MRA, the appellant's account of a heavy, uncontrolled fall, and the treating surgeon's opinion, the Court is satisfied on the balance of probabilities that the 2008 slip materially contributed to the labral tear and need for surgery; accordingly the appeal is allowed and the review decision is quashed and cover must be provided.
25 Jun 2015
On the balance of probabilities the Judge accepted the appellant's credible account and Mr Hadlow's clinical opinion that the spa lifting incident caused an annular tear leading to disc protrusion and radiculopathy; accordingly ACC's decisions declining cover were incorrect and funding for the requested treatment and surgery must be provided.
15 Jun 2015
On the balance of probabilities the appellant failed to establish a causal nexus between the 7 July 2011 incident and the shoulder condition necessitating surgery; likewise the appellant failed to discharge the heavy evidential burden under s30 to show a work-related gradual process injury; suppression under s160 was not justified.
29 May 2014
On the balance of probabilities the appellant's right elbow osteoarthritis was not caused by a work-related gradual process under s30; however a specific event identified in the medical evidence (30 March 2002) was found to have caused post-traumatic degenerative change, therefore cover for right elbow sprain including osteoarthritis is allowed with the 2002 date substituted and the 2001 lifting date nullified.
30 Oct 2013
On the balance of probabilities the court found the appellant's carpal tunnel syndrome was caused or at least contributed to by his work tasks. The conclusions of the medical practitioners who examined the appellant carried decisive weight, and the statutory test in s30 is satisfied because precipitation/aggravation by work activities constitutes contribution to the cause of the injury. The reviewer erred in adopting the contrary conclusion based on non-examining advice.
22 Feb 2013
The appeal was dismissed because the evidence established the appellant had multiple exposures to distressing incidents and did not display immediate onset of PTSD after the September 2007 incident; therefore the statutory s21B requirement that the mental injury be caused by a single event was not satisfied and the respondent's decline of cover was correct.