25 Oct 2011
Mitchell v Accident Compensation Corporation
- Citation
- [2011] NZACC 323
- Court
- District Court
The prior review decision approving L4/5 surgery is binding on ACC under s147, but ACC is not obliged to fund treatment for degenerative levels not causatively connected to the covered injury; the appropriate remedy is apportionment — ACC must pay for the cost of the approved L4/5 surgery as separately identified by the surgeon, and the appellant must meet additional costs for extended surgery addressing non-covered degenerative conditions.