19 May 2016
Borlase v Accident Compensation Corporation
- Citation
- [2016] NZACC 134
- Court
- District Court
The court preferred the analysis of Dr Hilliard that the appellant's right shoulder bursitis and impingement are secondary to established rotator cuff degenerative changes with no clear contemporaneous evidence of a shoulder injury at the time of the 2012 or 2013 events; the appellant failed to prove on the balance of probabilities that the surgery is required to treat an injury caused by accident rather than degenerative disease, therefore ACC cover for the proposed surgery is not established and the appeal is dismissed.