20 Dec 2013
Terrill v Accident Compensation Corporation
- Citation
- [2013] NZACC 417
- Court
- District Court
On the whole of the evidence, including radiology, expert opinion, statistical studies and the factual context of severe right leg trauma with long term altered gait, the Court found it more probable than not that the appellant's right hallux rigidus was consequential to the 1990 motorcycle injury either by direct undiagnosed intra-articular trauma or by accelerated wear from altered biomechanics; accordingly the appeal was allowed and ACC's review decision quashed ordering retrospective funding for surgery.