New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Labral tear

Legal area

Court

20 Sept 2018

Dawes v Accident Compensation Corporation (Cover)

Citation

[2018] NZACC 151
Court

District Court

On the balance of probabilities, having assessed history, immediate symptoms, the forceful mechanism described, the medical imaging and competing expert opinions, the court was satisfied the labral tear was caused by the 20 May 2016 accident and therefore ACC cover must be provided.
4 Nov 2016

Cornwall v Accident Compensation Corporation

Citation

[2016] NZACC 295
Court

District Court

Having considered additional evidence and expert reports, and applying Mehrtens factors and the Ambros inference, the Court preferred the treating surgeon Mr Love's coherent clinical opinion and found on the balance of probabilities that the December 2011 accident most probably caused the appellant's labral tear; the reviewer’s declinature was quashed and ACC must fund the proposed surgery.