10 Jul 2013
Toomey v Accident Compensation Corporation
- Citation
- [2013] NZACC 204
- Court
- District Court
On the balance of probabilities the evidence established that the supraspinatus tendon was already compromised by a degenerative process and the controlled lifting of a 3–4 kg weight was insufficient to cause a tear of a normal tendon; therefore the tear was caused wholly or substantially by a gradual degenerative process excluded by s26 and ACC correctly declined funding.