New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Funding of surgery

Legal area

Court

28 Feb 2017

Brown v Accident Compensation Corporation

Citation

[2017] NZACC 15
Court

District Court

The Court held ACC's suspension decision (6 September 2013) was unlawful because ACC did not have a sufficient evidential basis and failed to conduct an adequate causal inquiry before suspending entitlements; furthermore, on the balance of probabilities the labral tear was caused by the 20 July 2013 accident (jump into trench) and therefore ACC's refusal to fund surgery was set aside and cover extended to include the labral tear.
7 Mar 2012

Jordan v Accident Compensation Corporation

Citation

[2012] NZACC 71
Court

District Court

On the balance of probabilities the medical evidence established a pre‑existing degenerative tendonosis/impingement process predating the 2009 accident; the 2009 accident at best rendered that condition symptomatic but did not cause the condition for which surgery was required; therefore the statutory exclusions for gradual process/ageing apply and ACC was correct to decline funding; appeal dismissed.
10 Nov 2011

Behenna v Accident Compensation Corporation

Citation

[2011] NZACC 331
Court

District Court

On the balance of probabilities the Court found the Great Wall twisting event caused an acute large lateral meniscal tear distinct from pre-existing degenerative change; therefore the surgery treated a covered personal injury and ACC's decisions (to decline funding and to revoke cover) were quashed and cover reinstated.