29 Jul 2013
On the balance of probabilities the judge preferred the expert opinion that a fracture occurred in October 2008 caused by the covered accident and that any gradual degenerative process was contingent on that fracture; therefore the condition is not excluded as arising wholly or substantially from ageing and ACC is liable to fund the surgery, overturning the Reviewer's decision.
10 Jul 2013
On the balance of probabilities the medical evidence showed significant pre-existing degenerative changes that likely caused the meniscal tear or rendered it symptomatic, and the applicant failed to establish that the need for surgery was caused wholly or substantially by the covered accident; therefore ACC was not liable to fund the surgery.
19 Mar 2012
Judge preferred the opinion of Mr Otto over Mr Finch and found on the balance of probabilities that the appellant's ongoing lumbar condition as of the respondent's decision date was wholly attributable to progressive degenerative disease existing prior to the 2000 injury; the respondent therefore met the evidential onus under s117 and correctly suspended entitlements.
7 Mar 2012
On the balance of probabilities the medical evidence available as at 14 May 2009 established that the appellant's ongoing symptoms were due to a pre-existing generalized degenerative lumbar condition unrelated to the 12 October 2008 accident; ACC therefore had a sufficient basis to be 'not satisfied' under s117 and lawfully suspended entitlements, so the appeal is dismissed.