New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Review of acc funding decision

Legal area

Court

10 Oct 2017

Stutt v Accident Compensation Corporation (Entitlement to Surgery)

Citation

[2017] NZACC 123
Court

District Court

The Court preferred the Clinical Advisory Panel's reasoned medical opinion that the meniscal tear and flipped fragment are part of established degenerative osteoarthritis rather than a new traumatic injury; the appellant did not establish on the balance of probabilities that the surgery was required for an injury caused by the covered accident, so ACC's decline decision is upheld.
8 Sept 2016

Whitcombe v Accident Compensation Corporation

Citation

[2016] NZACC 254
Court

District Court

Weighing expert opinion and the totality of evidence the appellant failed to prove on the balance of probabilities that the 1996 event caused the appellant's L5/S1 pathology; CAP's detailed analysis that the imaging and clinical course are consistent with gradual degenerative disease was persuasive, and although delay reduced available contemporaneous evidence it did not produce prejudice sufficient to dismiss under s53, therefore appeal dismissed.