31 Jan 2018
The judge preferred the contemporaneous medical records and independent medical advisers' analyses, which did not support that the left shoulder rotator cuff tear was caused by the 21 June 2012 accident; absent evidential support of causation the appellant is not entitled to cover, and the appeal is dismissed.
9 May 2016
The Court found there was insufficient evidence on the balance of probabilities that the hernia resulted from a traumatic rupture on 18 February 2015; inconsistent onset reports, delay in seeking treatment, and medical opinion including operative findings pointing to a direct hernia and likely connective tissue/collagen factors meant ACC's decline of cover was correctly upheld.
22 Mar 2016
On the balance of probabilities the December 22, 2012 accident caused the appellant's L5/S1 disc herniation despite pre-existing degenerative change; MRI and surgical appearances were consistent with an acute herniation and, taking all evidence and delays into account, the weight of evidence required quashing the Corporation's decline of cover and setting aside the review decision.
27 Oct 2015
On the totality of the evidence, particularly the appellant's absence of prior renal disease and the updated, persuasive opinion of Dr Mason that an AV malformation/physical injury to the left kidney more likely than not occurred in the same assault, the Court was entitled under the Ambros principle to infer causation despite conflicting expert opinions; accordingly the ACC review decision was quashed and cover for the left kidney granted.
5 May 2015
On the balance of probabilities theDistrict Court found the lifting incident on 2 August 2011 caused the appellant's left inguinal hernia; the appellant met the Smith guideline criteria and medical opinion of the GP and surgeon outweighed ACC advisors, therefore the review decision was quashed and ACC cover must be reinstated and assessed (including surgical repair costs).
29 Aug 2014
The appellant failed to prove on the balance of probabilities that the meniscal tear was caused by the 15 July 2011 accident; medical evidence and imaging showed pre-existing chondrocalcinosis and degenerative joint change as the major contributor to the need for surgery, so ACC cover is not payable.
21 Mar 2014
On the evidence taken afresh the Court concluded there is insufficient medical proof on the balance of probabilities that the appellant's vestibular symptoms are caused by a continuing physical injury from the 23 June 1994 accident; therefore ACC's decision to treat the vestibular symptoms as part of the accepted mental injury was not wrong and the appeal is dismissed.
2 Mar 2010
The appeal was dismissed because the weight of medical evidence, specifically Professor Theis's report, established there was no causal relationship between the 1981 accident and the appellant's current lumbar symptoms (degenerative changes at L4/5); the appellant failed to prove causation and ACC properly declined weekly compensation.
4 Jun 2009
The Court found the specialist evidence diagnosing a localized thoracolumbar soft tissue source of pain (T12/L1) had independent support and greater weight than the general diagnosis of a diffuse psychosocial chronic pain syndrome; on that basis the 25 January 2005 fall was a substantial cause of the appellant's ongoing symptoms and ACC cover for the 2005 accident should extend to the thoracolumbar injury.
22 Sept 2008
On the balance of probabilities the competent medical evidence (notably the anaesthetist's opinion rejecting any plausible mechanism and the orthopaedic surgeon's MRI-confirmed finding of bilateral degenerative osteoarthritis) established that the ankle swelling and pathology were due to primary osteoarthritic changes and not caused by the epidural steroid injection; therefore the appellant failed to prove a causal nexus and entitlement to extend cover, so the decision declining cover was correctly confirmed.