17 Feb 2009
Taylor v Accident Compensation Corporation
- Citation
- [2009] NZACC 20
- Court
- District Court
On the balance of probabilities the Court preferred the Clinical Advisory Panel and respondent medical evidence over the treating surgeon's belief; there was no persuasive objective evidence that the accident caused a catastrophic extension of the tear and the proposed surgery was primarily to treat longstanding degenerative rotator cuff arthropathy which is excluded by s.26(2) and s.26(4); accordingly the respondent's decision to decline funding was upheld and the appeal dismissed.