29 Feb 2016
Ewing v Accident Compensation Corporation
- Citation
- [2016] NZACC 46
- Court
- District Court
On the balance of probabilities the judge found there was a sufficient causal link between the September 2011 covered injury and the need for surgery based on the significant mechanism of injury, continuous post-accident symptoms, temporal association, the treating surgeon's opinion that trauma could explain the pathology, and acknowledged uncertainties in CAP's analysis; accordingly the ACC decision of 9 September 2013 declining surgery for the 2011 injury was set aside while the 2008-related decision remained unaltered.