New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Osteochondritis dissecans

Legal area

Court

12 Dec 2014

Barrett v Accident Compensation Corporation

Citation

[2014] NZACC 326
Court

District Court

Weighting the contemporaneous records and expert opinions, the court found on the balance of probabilities that the appellant's need for surgery was caused wholly or substantially by a pre‑existing osteochondritis dissecans aggravated over time, not by personal injury from the 1997 incident; therefore ACC's suspension of entitlements was upheld.
28 Jan 2010

Clinch v Accident Compensation Corporation

Citation

[2010] NZACC 10
Court

District Court

Judge found on the balance of probabilities that the loose bodies causing the appellant's symptoms arose as a consequence of the twisting accident and that the arthroscopic removal was treatment consequent upon personal injury by accident, therefore ACC was liable to meet the surgical costs.