6 Sept 2011
Dennes v Accident Compensation Corporation
- Citation
- [2011] NZACC 254
- Court
- District Court
On the balance of probabilities the medical evidence (including imaging and CAP opinions) established pre-existing degenerative shoulder pathology that was the substantial cause of the incapacity requiring surgery; the appellant did not discharge the onus of proving the 11 August 2008 accident was the continuing substantial cause, therefore ACC's decision to decline cover was correct and the appeal is dismissed.