30 Nov 2015
Because the reliable medical evidence from multiple specialists concluded the claimant's lumbar degenerative changes were age/genetic related and his employment only aggravated pre-existing symptoms without causing or contributing to the degenerative condition, the requirements of s30(2) were not satisfied and the appeal was dismissed.
4 Jul 2012
The medical evidence (principally Hadlow) established that by August 2011 the claimant's symptoms were, in substance, due to aggravation of extensive pre-existing degenerative spinal disease rather than a fresh acute injury caused by the 2011 accident; that evidence provided a sufficient basis under the statutory 'not satisfied' test for the Corporation to suspend weekly compensation, so the appeal was dismissed.
22 Jul 2011
On the balance of probabilities the lumbar sprain had ceased to be the operative pathology and the appellant's ongoing symptoms were attributable to pre-existing degenerative spondylosis rendered symptomatic by the fall; degeneration was not caused by the accident and therefore ACC correctly suspended entitlements.