21 Sept 2016
Benton v Accident Compensation Corporation
- Citation
- [2016] NZACC 266
- Court
- District Court
On the balance of probabilities the claimant failed to prove the need for surgery was caused by the February 2013 accident; imaging and clinical findings indicated pre-existing degenerative C5/6 disease and the treating surgeon's opinion on causation was equivocal, the temporal connection was weak and there were no clear trauma-related radiological features, so the need for surgery was attributable to a gradual degenerative process and not covered.