14 Sept 2016
Bulling v Accident Compensation Corporation
- Citation
- [2016] NZACC 260
- Court
- District Court
On the balance of probabilities the Court concluded the supraspinatus tear requiring surgery was caused by the 6 September 2012 accident because the applicant's affidavit and the expert opinions of Mr Kassell and Mr Ball, when considered with the full medical evidence, outweighed the Corporation's evidence of chronicity; imaging features relied on by the Corporation were not definitive given timing and lack of MRI; accordingly the Corporation's decision and the review decision were set aside and the appeal allowed.