22 Nov 2017
Askin v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2017] NZACC 139
- Court
- District Court
On the balance of probabilities the appellant did not prove the need for surgery was caused by the covered accident of 6 June 2015; objective evidence (radiology reports), the appellant's early return to dancing and CAP's analysis showed the accessory navicular was a developmental variant rendered symptomatic by a chronic/repetitive process rather than an acute injury to the synchondrosis, so ACC's decision to decline funding was correct and the review decision was upheld.