New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of cover

Legal area

Court

9 Aug 2012

MacGregor v Accident Compensation Corporation

Citation

[2012] NZACC 264
Court

District Court

Although the accident caused a significant worsening of the appellant's shoulder status and a massive irreparable rotator cuff tear was identified, the operative surgical treatment addressed pre-existing degenerative pathology and secondary impingement/capsular contracture rather than a treatable new physical injury caused by the accident; therefore the surgery was not for a condition caused by the covered accident and ACC was correctly entitled to decline funding.
11 Nov 2010

Aberhart v Accident Compensation Corporation

Citation

[2010] NZACC 201
Court

District Court

On the balance of probabilities the District Court accepted the Clinical Advisory Panel and medical literature over the treating surgeon’s view because the CAP’s opinion fit the appellant’s documented history of prior inversion injuries and established pathophysiology; therefore the peroneus brevis longitudinal tear was more likely degenerative/repetitive in origin and not caused by the 31 October 2007 accident, so ACC correctly declined funding and the appeal fails.