5 Jun 2019
Moonen v Accident Compensation Corporation (Causation)
- Citation
- [2019] NZACC 62
- Court
- District Court
Judge accepted that a 1981 judo injury occurred and caused some initial spinal damage, but on balance the preponderance of the evidence showed the appellant's current multi‑level degenerative scoliosis and spinal pathology are principally due to age‑related degeneration or genetic factors rather than the 1981 injury; therefore ACC is not liable to fund the proposed elective multi‑level lumbar fusion and the appeal is dismissed.