29 Nov 2016
Holden v Accident Compensation Corporation
- Citation
- [2016] NZACC 310
- Court
- District Court
The Court accepted the independent expert opinion (Howie and Hunter) over the treating surgeon; on the balance of probabilities the appellant failed to establish that the 2006 accident materially caused the L4/5 instability requiring fusion, because imaging and expert analysis showed developmental/Scheuermann's and degenerative changes and no contemporaneous evidence of acute traumatic cause; therefore ACC liability for the surgery was not established.