New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Degenerative spondylosis

Legal area

Court

28 Jun 2018

Carlton v Accident Compensation Corporation (Entitlement to Surgery)

Citation

[2018] NZACC 103
Court

District Court

The medical and imaging evidence, including the treating surgeon's opinion that the lumbar spondylosis was not secondary to the 26 February 2015 accident, overwhelmingly established that the need for surgery was due to a pre-existing degenerative condition and not caused by the accident; therefore entitlement to ACC-funded surgery was not established and the appeal failed.
16 Sept 2010

Connolly v Accident Compensation Corporation

Citation

[2010] NZACC 162
Court

District Court

On the balance of probabilities the appellant failed to establish that the C6/7 disc herniation was caused by a covered accident; credible medical and radiological evidence established the condition as degenerative spondylosis rendered symptomatic by a recent event, therefore ACC correctly declined funding and the appeal is dismissed.
23 Aug 2004

Jones v Accident Compensation Corporation

Citation

[2004] NZACC 251
Court

District Court

On the balance of probabilities the appellant failed to prove that his current symptoms were substantially caused by the covered 7 June 2002 injury; medical evidence of degenerative spondylosis and the expert opinion of Dr Dryson outweigh Dr Speedy's contrary view, so ACC's suspension of entitlements is upheld.