9 Feb 2018
Carson v Accident Compensation Corporation (Revocation of Cover)
- Citation
- [2018] NZACC 34
- Court
- District Court
The court found the deemed grant of cover for the January 2010 shoulder claim was made in error because contemporaneous records and multiple expert opinions established a pre‑existing degenerative rotator cuff tear with no reliable evidence of a discrete traumatic event in January 2010, permitting lawful revocation under s65; similarly the court found the June 2012 fall did not materially extend the tear such that a new compensable injury arose and the respondent correctly declined to add cover (s26 exclusion), so both appeals were dismissed.