24 Apr 2013
Gascoigne v Accident Compensation Corporation
- Citation
- [2013] NZACC 126
- Court
- District Court
On the balance of probabilities the Court found the March 5 2011 fall caused further traumatic injury to the appellant's rotator cuff tendons (supported by absence of fatty atrophy evidence, temporal relationship and immediate symptoms) and therefore the surgery was treatment of an accident-related physical injury and must be funded by ACC under Clause 1 Schedule 1 of the Act.