26 Jun 2019
The appellant failed to prove a causal nexus between the 2007 covered injury (or treatment for it) and the pathology treated in 2017; degenerative changes were present prior to the accident and the 2008 fusion did not materially cause the later degeneration such that ACC was obliged to fund the 2017 surgery. Appeal dismissed and ACC decision upheld.
22 Feb 2019
The Judge found on the balance of probabilities that the need for the 2017 L3/4 surgery was predominantly and substantially caused by a gradual age‑related degenerative process present before the 2011 accident and not by the 2013 fusion; the fusion was not a dominant or material cause of the adjacent segment disease, and therefore ACC was not liable to fund the surgery.
14 Aug 2012
Because cover for the 2005 neck injury and C5-7 fusion was established, and the evidence supported a real causal link whereby the covered injury and its surgical treatment contributed to adjacent segment pathology at C4/5, the need for the 2010 surgery was caused in some degree by the covered 2005 injury and was not shown to be wholly or substantially caused by pre-existing degeneration; accordingly ACC must fund the C4/5 surgery.