3 May 2016
R v Accident Compensation Corporation
- Citation
- [2016] NZACC 126
- Court
- District Court
Judge found on balance of probabilities that the appellant failed to prove the relevant surgery was caused wholly or substantially by the accepted accident; imaging and expert evidence supported an underlying gradual process (internal impingement/tendinopathy and chronic labral changes) aggravated or rendered symptomatic by activity but not acutely caused by the accidents; therefore ACC's decision to decline funding was upheld and the substantive appeal was dismissed.