26 Jan 2007
Coleman v Accident Compensation Corporation
- Citation
- [2007] NZACC 18
- Court
- District Court
On the balance of probabilities the MRI findings and specialist evidence demonstrate chronic degenerative rotator cuff pathology (fatty infiltration, atrophy, tendonosis) predating the accident and the accident merely rendered that pre‑existing condition symptomatic; therefore the need for the surgery was not caused wholly or substantially by the covered accident and funding is not payable.
- Causation
- Degenerative-condition exclusion
- Entitlement to medical treatment
- Onus of proof