5 Dec 2013
Christopher v Accident Compensation Corporation
- Citation
- [2013] NZACC 402
- Court
- District Court
On the balance of evidence the Court accepted the treating shoulder surgeon's account of mechanism, clinical and intra-operative findings and the claimant's consistent accident history, and rejected the CAP's generalised reliance on lack of early shoulder notes and a degenerative explanation; accordingly there was a highly significant causal nexus between the 2 May 2009 accident and the bilateral shoulder injuries and need for surgery, so ACC must recognise cover and fund the surgeries.