New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Surgery approval

  • 30 Oct 2014

    Herbert v Accident Compensation Corporation

    Citation
    [2014] NZACC 295
    Court
    District Court

    Judge preferred the orthopaedic surgeon's causation opinion for the 2012 fall and CAP's and the orthopaedic surgeon's concessions on the 2008 mechanism for the AC joint: the AC joint arthrosis was degenerative and not caused by the 2008 accident; the bursal surface supraspinatus tear was caused by the 25 February 2012 fall. Accordingly the Corporation's decline of cover for the supraspinatus tear was quashed and the decline for AC joint arthrosis was upheld.

  • 30 Oct 2013

    Jackson v Accident Compensation Corporation

    Citation
    [2013] NZACC 356
    Court
    District Court

    On the balance of probabilities the appellant's shoulder injury was caused by the skiing accident on 5 October 2010; the decision-maker erred in relying selectively on non-examining clinical advisors and failing to account for the treating surgeon's opinion and the radiologist Chatterton's finding that imaging was consistent with a subacute tear about six weeks old; ACC's decisions of 19 January 2011 declining cover and surgery were quashed and the appeals allowed.