15 Jun 2012
Neville v Accident Compensation Corporation
- Citation
- [2012] NZACC 196
- Court
- District Court
On the balance of probabilities the Court preferred the opinions of Mr Robertson and Dr Milne that the appellant suffered a disc protrusion causing L5 nerve compression as a result of the 17 August 2007 accident; the CAP/Mr Otto view misapplied the exclusion test and did not answer the causal nexus question, therefore the s26 exclusion did not apply and ACC must fund the surgery.