26 Mar 2019
KK v Accident Compensation Corporation (Treatment Injury)
- Citation
- [2019] NZACC 24
- Court
- District Court
The Court preferred the contemporaneous treating records and the opinions of the independent physiotherapy assessor (Mr Reid) and neurosurgeon (Mr Johnson) over the appellant's and Dr Holtzhausen's accounts; there was insufficient evidence to establish on the balance of probabilities that the physiotherapy (soft tissue/trigger point treatment and active head‑turning exercises) caused the appellant's vertebral artery dissection and stroke. Accordingly ACC's decision to decline cover was correct and the review decision was upheld; the appeal was dismissed.