New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Clinical advisory panel assessment

Legal area

Court

10 Apr 2017

Stothers v Accident Compensation Corporation (Entitlement to Surgery)

Citation

[2017] NZACC 37
Court

District Court

The appellant failed to prove on the balance of probabilities that the 1992 accident caused the condition requiring surgery; the Clinical Advisory Panel and other medical evidence that the spondylolisthesis and facet arthrosis reflect a gradual pre-existing process were more persuasive than the treating surgeon's equivocal opinion, so a robust inference of causation could not be drawn.
31 Aug 2015

Farrell v Accident Compensation Corporation

Citation

[2015] NZACC 261
Court

District Court

The appeal was dismissed because the appellant failed to produce sufficient contemporaneous or persuasive medical evidence to establish that the Grade 4 chondral defects and need for knee replacement were probably caused by the 7 July 2011 motor vehicle accident; the Clinical Advisory Panel's view that the defects reflect progressive degenerative disease was preferred.