6 May 2010
Ellwood v Accident Compensation Corporation
- Citation
- [2010] NZACC 70
- Court
- District Court
On the balance of probabilities ACC demonstrated the 4 February 2005 grant of cover was made in error because specialist medical evidence established the appellant had longstanding degenerative spondylolisthesis and severe hip osteoarthritis predating the 2004 fall; the 20 December 2004 incident at best aggravated or rendered symptomatic pre-existing conditions and did not cause a compensable personal injury under the Act, therefore the revocation of cover was correct and the appeal is dismissed.