11 Dec 2009
The appellant failed to prove that the L3/4 spinal stenosis was caused by the November 2007 accident; medical evidence established the L3/4 condition was degenerative and not causally linked to a specific accident, therefore the respondent correctly declined to fund decompression at L3/4 and the appeal is dismissed.
25 Jul 2005
The Court accepted the appellant's experts (principally Dr Wigley) that the 1995 acute neck strain caused by cradling the phone initiated ongoing symptoms and that inadequate remediation of the work posture permitted persistence and secondary chronic regional pain; on the balance of probabilities the current neck, shoulder and arm symptoms are a substantial consequence of the 1995 covered injury, so ACC’s disentitlement decision is quashed.
27 Jan 1999
On the balance of probabilities the preponderance of medical evidence (notably Hooker, Dryson, Vaughan and Robb) established that the appellant's present symptoms are causally connected to and attributable to the original gradual process OOS injury for which cover was granted; accordingly the Corporation's decision of 26 May 1998 cancelling entitlement was incorrect and is revoked.