26 Nov 2018
JT v Accident Compensation Corporation (Entitlements)
- Citation
- [2018] NZACC 184
- Court
- District Court
On the balance of probabilities the medical evidence does not support that the appellant's need for surgical repair was caused by the 13 November 2014 accident: treating surgeon's opinion was speculative and unsupported by medical reasoning, whereas CAP and other medical reports provided coherent explanation that the tendon tear and pathology were due to degenerative tendinosis and chronic De Quervain's disease aggravated but not caused by the incident; accordingly ACC's refusal to fund surgery was upheld. On suppression, the application lacked specific evidential support showing it was neces…