New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Degenerative disc disease

Legal area

Court

1 Sept 2015

Legg v Accident Compensation Corporation

Citation

[2015] NZACC 263
Court

District Court

On weighing conflicting expert opinions and bearing in mind the claimant bears the onus, the Court preferred the respondent's specialist evidence that the appellant's symptoms and need for treatment were substantially due to a pre-existing degenerative disc condition rendered symptomatic; the appellant failed to prove the shower incident caused a traumatic disc herniation requiring funded IPM, so the appeal is dismissed.
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.