New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Medical imaging interpretation

Legal area

Court

16 Aug 2016

Vetter v Accident Compensation Corporation

Citation

[2016] NZACC 220
Court

District Court

On the balance of probabilities the Court preferred the treating surgeon's evidence that an anterolateral chondrolabral delamination and associated labral/ligamentum teres injury were caused by the 17 February 2011 fall; therefore the injury is a covered condition and ACC's decision declining funding was overturned.
25 May 2016

Henderson v Accident Compensation Corporation

Citation

[2016] NZACC 150
Court

District Court

On the balance of probabilities the parrot beak tear was caused by the 29 June 2013 accident because the mechanism and timing, the absence of prior knee problems, the treating surgeon's persuasive opinion, and MRI findings assessed in context made causation probable rather than attributable to degeneration; therefore ACC's decision to decline funding was quashed.