28 Nov 2013
Marvin v Accident Compensation Corporation
- Citation
- [2013] NZACC 393
- Court
- District Court
On the balance of probabilities the Court preferred the treating surgeon's reasoned opinion that the appellant's L5/S1 disc degeneration and subsequent extrusion were consequent on covered injury (the 1994 injury, possibly aggravated by the 2007 event), such that the fusion surgery was required as a consequence of covered injury; accordingly the review decision was quashed and ACC's decision modified to accept liability for the surgery.