29 Feb 2016
PK v Accident Compensation Corporation
- Citation
- [2016] NZACC 44
- Court
- District Court
The court accepted expert evidence that the scar formation and resulting abdominal skin overhang were expected outcomes of the incision and normal wound healing, particularly given prior surgeries and pregnancies, and thus constituted an ordinary and/or inevitable consequence of the treatment rather than a physical injury under the Act; the appellant failed to prove otherwise on the balance of probabilities, so the reviewer’s decision to decline cover was correct.