29 Nov 2013
Murphy v Accident Compensation Corporation
- Citation
- [2013] NZACC 398
- Court
- District Court
On the evidence, including contemporaneous physiotherapy notes, a credible witness affidavit and persuasive specialist opinion (Swan supported by Chin), the Court was satisfied on the balance of probabilities that a workplace accident occurred and that it caused a traumatic extension of a pre-existing rotator cuff tear and associated biceps tendon dislocation for which surgery was necessary; therefore s26(2) and (4) exclusions do not apply and the review decision denying funding was quashed.