11 Jul 2013
Jenkins v Accident Compensation Corporation
- Citation
- [2013] NZACC 208
- Court
- District Court
On the balance of probabilities the court found the inguinal hernia was caused by the specific workplace event on 4 October 2011. The judge applied the Smith Guidelines, accepted the contemporaneous records and the surgeon's direct clinical and operative opinion (Mr Dickson) over the BMA's record‑based view, and concluded there was traumatic tearing sufficient to constitute a personal injury entitling the appellant to ACC cover.