New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Femoroacetabular impingement (fai)

Legal area

Court

20 Mar 2014

O'Connor v Accident Compensation Corporation

Citation

[2014] NZACC 71
Court

District Court

On the balance of probabilities the appellant failed to prove the need for surgery was caused by the 30 July 2011 accident rather than being wholly or substantially caused by pre-existing CAM-type femoroacetabular impingement (a gradual process). The contemporaneous history, imaging, independent medical advice and the Clinical Advisory Panel established that the pathology and surgical procedure principally addressed a developmental impingement process. Accordingly ACC's decision declining funding was correct and the appeal is dismissed.
31 Jan 2014

Fannin v Accident Compensation Corporation

Citation

[2014] NZACC 28
Court

District Court

On the balance of probabilities the judge found the appellant's labral tear was caused by the 5 April 2011 turbo touch accident; the judge preferred Mr Brick's considered analysis to the CAP comments, found the imaging did not show the articular cartilage damage relied on by ACC, and concluded ACC's decision declining surgery was incorrect, quashing the review and setting aside the ACC decision thereby entitling the appellant to funding for the proposed surgery.