31 Jul 2015
The court preferred the coherent analysis of the full CAP over the treating surgeon's reports; treating specialist evidence is not automatically preferred and, on the balance of the evidence, the appellant's rotator cuff pathology was more likely due to a gradual degenerative process and impingement rather than the covered accidents, so the Corporation was correct to decline funding.
30 Oct 2014
The Judge preferred the comprehensive contemporaneous and imaging-based analysis of Mr Fong and the review by Mr Taine over Mr Johnson's opinion, finding the medical evidence established chronic degenerative rotator cuff tendinopathy with progression to a full-thickness tear rather than a tear caused by an acute traumatic event; therefore the injury was not caused by an accident and the appeal was dismissed.
21 Apr 1998
Where an accident renders a previously asymptomatic pre-existing condition symptomatic and the claimant is incapacitated within the meaning of s37, the incapacity is indivisible and entitlement to weekly compensation continues; the Review Officer correctly found medical evidence supported that the accident substantially contributed to current incapacity and reversed the appellant's cessation decision.