28 May 2019
On the balance of the whole of the evidence the meniscal tear and need for surgery were most probably the result of underlying degenerative osteoarthritis rendered symptomatic, not a traumatic tear caused by the 4 September 2015 fall; ACC's decision to decline funding was therefore correct and the appeal is dismissed.
1 Nov 2013
The appeal was dismissed because the preponderant and consistent specialist medical evidence established that the progressive central Fuch's Endothelial Dystrophy, diagnosed before the cataract surgery, caused the appellant's right eye deterioration and the surgeries did not cause or materially exacerbate that condition; therefore no treatment injury was established.
22 Apr 2013
On the balance of probabilities the pre‑treatment radiographs and multiple independent dentist reviews did not support the existence of substantial decay; therefore drilling into the pulp was not a necessary or ordinary consequence of appropriate treatment and amounted to a treatment injury under s32 (and s33(e) as lack of consent), so ACC's refusal of cover was revoked and cover granted.
27 Feb 2012
On the balance of probabilities the appellant's rotator cuff pathology was caused by her increased gardening duties: contemporaneous GP notes, emergency department attendance, ultrasound and MRI findings and specialist opinions supporting work causation outweigh contrary opinion; no non-employment cause was identified; the Corporation failed to establish that gardeners did not face a significantly greater risk, therefore the respondent's decision to decline cover was quashed and cover granted.
24 Mar 2009
The court upheld ACC's decision: the knee malalignment was within expected outcome range for total knee replacement, was not shown to be 'severe' or 'rare' as required by s34, had no causal connection to the accepted nerve injury, and therefore did not qualify as medical mishap or medical misadventure warranting cover.
10 May 2007
On the balance of probabilities the medical evidence established a physical sprain/strain injury to elbows, forearms and wrists caused by forceful, heavy and sometimes awkward house removal work the appellant performed after a period of inactivity, and persons performing those tasks run a significantly greater risk than others, therefore the requirements of s30 are satisfied and ACC's decline of cover was quashed and substituted with a grant of cover.
5 Jun 2003
On the evidence, including multiple independent cardiology reports and the Health and Disability Commissioner’s inquiry, the clinicians met the applicable standard of care; the patient's death resulted from a rare spontaneous coronary artery dissection that was unpredictable and not caused by treatment decisions, therefore no medical error occurred and the ACC decision to decline cover was correct.
16 Jul 2001
The judge accepted the contemporaneous medical evidence that the claimant suffered cervical nerve root irritation causally related to her work posture and duties when the claim was lodged in June 1995, satisfying s7(1)(a) and (b) of the ARCI Act 1992; therefore the ACC decision accepting the work injury was correct and the appellant's appeal was dismissed.
31 May 1996
The appeal was dismissed because the Medical Misadventure Advisory Committee and the judge found no medical error or mismanagement causally linked to the appellant's infertility; the infertility resulted from the natural progression of pelvic inflammatory disease necessitating the appropriate surgical interventions performed, and transfer to Stratford did not change the outcome.