30 Oct 2013
The judge preferred the respondent's contemporaneous and panel medical assessments over the appellant's post hoc causation analysis: pre-existing and progressive degenerative pathology and gaps in treatment undermined any reliable causal link to the 2005 accident, therefore the need for surgery was not primarily due to the covered injury and ACC correctly declined funding.
10 Nov 2005
On balance of the medical evidence the Court found it more probable than not that the 1999 flare-up of right lateral epicondylitis was a recurrence of the injury covered from 17 August 1998; therefore ACC's decision of 1 November 1999 declining approval for surgery was quashed and the surgery was payable as a treatment expense under the existing cover, and ACC must reconsider declined entitlements arising from the flare-up.
25 May 2005
On the balance of probabilities the January 16, 1995 workplace injury caused the forward slip at L5/S1 producing L5 nerve root entrapment; therefore the decompression and stabilisation surgery was a consequence of that compensable injury and ACC was wrong to decline cover.