20 Jan 2011
Because the surgery treated a pre-existing degenerative condition and the resulting incapacity was not caused by a covered personal injury, ACC had no statutory liability to pay weekly compensation despite having approved the surgery.
6 Oct 2010
The appellant failed to establish on the balance of probabilities that the proposed surgery was treatment for the covered shoulder sprain or for a medical condition caused by that sprain; the medical evidence showed calcific tendonitis likely pre‑dated the event and no assertive opinion linked the surgery to the 18 June 2008 incident, therefore ACC's decision to decline funding was correct.
17 Feb 2009
On the balance of probabilities the Court preferred the Clinical Advisory Panel and respondent medical evidence over the treating surgeon's belief; there was no persuasive objective evidence that the accident caused a catastrophic extension of the tear and the proposed surgery was primarily to treat longstanding degenerative rotator cuff arthropathy which is excluded by s.26(2) and s.26(4); accordingly the respondent's decision to decline funding was upheld and the appeal dismissed.
17 Aug 2004
The Court found the ultrasound-confirmed rotator cuff tear was caused by the 11 March 2002 accident; although osteoarthritis was pre-existing and increased susceptibility, the rotator cuff tear was a distinct injury caused by the accident and the requested surgery was treatment for that covered injury, therefore the respondent's decision to decline funding was unlawful and is quashed and substituted with approval for the surgery.