9 Jun 2013
Wells v Accident Compensation Corporation
- Citation
- [2013] NZACC 190
- Court
- District Court
On the balance of probabilities the Court accepts the orthopaedic surgeon's evidence that the 11 December 2009 accident caused the rotator cuff tear and consequent need for surgery, and that pre-existing degenerative changes did not wholly or substantially cause the need for surgery under s26(4); ACC's refusal to fund the surgery was therefore unlawful and is quashed.