29 Jul 2010
Gallagher v Accident Compensation Corporation
- Citation
- [2010] NZACC 116
- Court
- District Court
On the balance of probabilities the temporal connection between the successful right-sided surgery and the immediate onset of left-sided C7 radicular symptoms, coupled with the treating surgeon's opinion that intraoperative positioning or events could have initiated nerve root compromise, established that the left C7 radiculopathy was sustained in the course of treatment and therefore constituted a treatment injury for which ACC cover must be granted despite pre-existing degenerative foraminal narrowing.