18 Jul 2019
Simpson v Accident Compensation Corporation (Gradual Process)
- Citation
- [2019] NZACC 82
- Court
- District Court
The Judge accepted the orthopaedic surgeon's contemporaneous assessments and operative findings, together with the appellant's initial symptom report and GP notes, as establishing on the balance of probabilities that the appellant suffered an acute tibialis posterior tendon injury in the 13 May 2017 trampoline accident and that the condition requiring surgery was not caused wholly or substantially by a gradual process; accordingly the ACC decision to decline funding was wrong and reversed.