2 May 2019
Cohen v Accident Compensation Corporation (Entitled to Surgery)
- Citation
- [2019] NZACC 42
- Court
- District Court
The appeal is dismissed because the appellant failed to prove on the balance of probabilities that the shoulder pathology requiring replacement was causally linked to the 2009 or 2010 ACC‑covered events; contemporaneous records, imaging and consistent CAP opinions demonstrate established atraumatic degenerative rotator cuff arthropathy and no evidence of the acute traumatic lesion that would explain post‑traumatic osteoarthritis, rendering the surgeon's causal opinion speculative and insufficient to establish entitlement to ACC‑funded surgery.