21 Nov 2017
Taylor Preston v Accident Compensation Corporation and Michael Prodger (Cover Issues)
- Citation
- [2017] NZACC 138
- Court
- District Court
On the balance of probabilities the Court accepted the reviewer's factual findings and medical evidence (notably the treating orthopaedic surgeon) that the supraspinatus tear was traumatic and consistent with the claimant's account of wrenching his shoulder while trying to catch a falling carcass; the claimant's inconsistencies were explainable and not fatal, permitting a robust inference of causation and therefore cover under s28 was properly granted by the reviewer and the appeal was dismissed.