15 Dec 2008
The proposed L3/4 decompression was treatment for a pre-existing degenerative spinal stenosis that was longstanding and not caused by the 27 April 2007 accident; symptomatic exacerbation of a non-covered condition does not create entitlement to ACC-funded surgery, so the respondent correctly declined funding and the appeal is dismissed.
16 Jun 2004
The Judge accepted the treating surgeon's evidence that, on the balance of probabilities, the two falls in 2001 were the substantial cause of the need for the decompressive lumbar surgery despite the presence of pre-existing degenerative spinal stenosis; therefore ACC's decline was quashed and cover for the operation was awarded.
18 Dec 2000
On the balance of the medical evidence the appellant's present condition of multilevel degenerative disc disease with spinal stenosis is not causally connected to the single lifting/back strain event of 29 December 1993; accordingly ACC was correct to cease entitlements and the appeal is dismissed.