2 Aug 2013
On the balance of probabilities the appellant suffered an acute full thickness supraspinatus tear in the 10 October 2010 work event rather than merely symptomatic degeneration; therefore the decisions declining cover were set aside and cover is payable for that injury.
10 Feb 2012
The evidence was insufficient to establish that an external accidental event occurred as described and, critically, insufficient to show that any such event caused the nerve root lesion; therefore ACC's revocation of its initial acceptance was not clearly wrong and the appeal is dismissed.
21 Jan 1999
Under s3 of the 1992 Act the appellant's injury was not an "accident" because there was no application of a force or resistance external to the body; the injury resulted from internal interaction of spinal structures during a sudden twisting movement and therefore did not meet the statutory requirement for cover.