23 Aug 2013
On balance the court found sufficient evidence that physiotherapy treated the appellant's traumatic symptoms and ordered reimbursement for completed physiotherapy, but accepted expert evidence that the rotator cuff tears were chronic degenerative conditions likely pre-existing and merely aggravated by the accident, so cover for the tears was properly refused.
13 Jul 2012
The Court accepted the Clinical Advisory Panel's view that the 1998 MRI showed disc desiccation and a mild disc bulge likely of genetic/degenerative origin and found insufficient evidence on the balance of probabilities that the 1997 lifting incident caused a traumatic disc injury giving rise to the need for further physiotherapy; accordingly ACC's refusal to fund treatment was correct and must be upheld.
2 Jun 2011
The Court held that on the available medical evidence the Corporation reasonably relied on the treating surgeon's opinion that further physiotherapy would not produce a long‑term benefit for a chronic regional pain syndrome, so the decision to decline funding was reasonable and the appeal was dismissed.
30 Oct 2009
The court preferred the treating practitioners' opinions (particularly the orthopaedic surgeon who had examined the patient) that the appellant's continuing shoulder condition remained causally linked to the accident and therefore ACC's decision to decline funding was quashed and funding for the physiotherapy sought was ordered.
9 Aug 2004
Appeal allowed: although chronic pain management is the appropriate long‑term approach, ACC must fund ten additional physiotherapy treatments for acute episodes (or reimburse the appellant for such treatments already paid for) pending expedited orthopaedic assessment and establishment of a long‑term pain management plan.