19 Dec 2014
Brunt v Accident Compensation Corporation
- Citation
- [2014] NZACC 350
- Court
- District Court
On the balance of probabilities the expert opinion of the orthopaedic shoulder specialist (Mr Ball), supported by the radiological record, established that the rotator cuff pathology predated and was attributable to age-related degenerative change and that the lifting event was temporally related to symptoms but did not cause the underlying tear; accordingly ACC was not liable for cover for the tear or funding for surgery and the appeal is dismissed.