24 Sept 2015
Davies v Accident Compensation Corporation
- Citation
- [2015] NZACC 277
- Court
- District Court
Judge preferred the opinions of Mr Hunter and Mr Marshall over the treating specialists because the contemporaneous medical records and prior imaging demonstrated longstanding degenerative disc disease and past sciatica episodes, the MRI appearances were substantially unchanged since 2008, and surgical findings removed degenerative disc material; therefore the disc prolapse was attributable to a degenerative pre-existing process and not the 7 April 2011 accident, so ACC correctly declined funding and the appeal is dismissed.