24 Jan 2014
The court found it very unlikely a single overhead squash stroke could cause the extensive four‑quadrant labral tear; medical evidence more cogently supported a pre-existing, gradually occurring labral pathology made symptomatic by the 2009 incident, so the appellant failed to prove the 2009 event was a substantial cause of the injury and the appeal was dismissed under the s26(2) framework.
8 May 2012
The appeal is dismissed because the preponderant and higher quality medical evidence establishes the right shoulder condition is degenerative and there is no credible contemporaneous evidence of a second accident; accordingly the Corporation did not err in revoking deemed cover and declining cover under the Act.
8 Apr 2009
On the evidence as a whole the appellant did not prove on the balance of probabilities that the golf incident substantially caused the rotator cuff tears or that any acute tear made a substantial contribution to the overall need for surgery; epidemiological and CAP opinion that degeneration and impingement were the dominant causes outweighed the treating surgeon's view, so the respondent's decision declining funding was upheld.