5 Apr 2017
Waipouri v Accident Compensation Corporation (Treatment Injury)
- Citation
- [2017] NZACC 36
- Court
- District Court
The Court preferred the treating specialist's opinion and drew a proper inference from contemporaneous records of immediate radicular pain that a lumbar nerve was struck during the attempted lumbar punctures. The evidential burden shifted to ACC to rebut causation; ACC failed to establish on the balance of probabilities that the nerve being struck did not causally link to the ongoing injury. Consequently the review decision declining cover was overturned and the appeal allowed.