16 Mar 2018
Sherlock v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2018] NZACC 50
- Court
- District Court
On the balance of probabilities the Judge found the weight of evidence supported that the need for left rotator cuff surgery was causally linked to the covered 16 June 2016 assault despite evidence of pre-existing tendon tears; the Court rejected that temporal association alone established causation and gave weight to imaging and expert interpretation indicating new structural damage attributable to the 2016 event, therefore ACC's decline was set aside.