13 Oct 2014
The appeal is dismissed because the Judge was not satisfied on the balance of probabilities that the elective surgery was significantly contributed to by the 17 March 2012 accident; the condition was caused wholly or substantially by the underlying CAM/pincer lesion and repetitive microtrauma, and the applicant failed to prove a causal link to the accident.
8 Jul 2014
On the balance of probabilities the Court preferred the treating orthopaedic surgeon Dr Barnes and found the C6/C7 disc protrusion and resultant C7 nerve root compression were caused by the lifting event (and possibly exacerbated by subsequent manipulation), not by the pre‑existing degenerative changes at other levels, and therefore ACC must fund the surgical treatment.
23 Jul 2004
On the medical evidence the appellant failed to prove on the balance of probabilities that the proposed surgery was substantially caused by the accepted accident of 25 July 2000; treating and reviewing medical opinions identified pre-existing pathologies and could not attribute necessity for surgery to the covered injury, so ACC correctly declined funding and the appeal must be dismissed.