15 Aug 2013
The judge found Dr Kanji's objective clinical observations and comprehensive consideration of the appellant's activities and prior reports more reliable than Dr Wigley's reliance on self-reporting; inconsistencies in the appellant's statements and demonstrated physical activity supported the review decision that he had vocational independence, so the appeal was dismissed.
15 Aug 2013
On the balance of probabilities, having considered the detailed mechanics of the accident, contemporaneous clinical reports and the more probing medical assessment by Dr Thompson, the appellant's symptoms as at the date of the ACC decision were substantially attributable to personal injury by accident on 21 August 2010; therefore ACC's determination of 10 February 2011 was erroneous and must be quashed and entitlements restored.
24 Dec 2012
On the balance of probabilities the Court accepted the specialist clinical assessments and operative findings that the appellant's subacromial bursitis was traumatic and caused by the 28 September 2008 accident and rejected CAP's generalised and speculative literature‑based contrary opinion; accordingly the ACC determination denying entitlement to surgery was quashed.