18 Aug 2016
On the balance of probabilities the District Court accepted the treating and operating surgeon's evidence that the appellant sustained an acute traumatic avulsion of the left abductor tendons in the 8 September 2014 accident; ACC failed to rebut that evidence adequately despite imaging showing some chronic change, and therefore ACC must fund the surgery and related entitlements.
17 Jun 2014
The Court accepted the treating surgeon's evidence and related contemporaneous medical records as the best evidence and found on the balance of probabilities that the 19 November 2011 accident caused an intrasubstance partial tear of the APL tendon leading to de Quervain's tenosynovitis and that the June 2012 surgical release was consequential on that covered injury; ACC's decision to decline funding was reversed and payment ordered.
6 Jul 2012
Appeal dismissed because the surgical treatment was provided under the public health system and its costs were not incurred by the claimant, so there was no entitlement to ACC payment irrespective of the causation dispute.
6 Jul 2012
The Court accepted the treating surgeon's evidence and the independent expert's adjusted concession that the same abnormality was treated in earlier operations and that pre-existing anatomical factors did not account for all ongoing pathology; therefore the 1999 injury remained a substantial cause of the current need for surgery and ACC's refusal to fund was incorrect.
17 Oct 2011
The appeal fails because (1) ACC had no legal obligation to pay or contribute as the surgery incurred no cost to ACC (publicly funded), and (2) the medical evidence made it more probable than not that the June 2010 surgery treated a re‑tear caused by a subsequent incident (duvet twisting) not the covered 18 November 2008 injury, so the treatment was not attributable to the covered injury; accordingly ACC had no liability and the appeal is dismissed.
8 Sept 2011
The appellant discharged the onus on the balance of probabilities because the specialist (Mr Willis) concluded the April 2009 inversion caused a partial ATFL tear and resultant soft tissue impingement which contributed to the anterolateral symptoms and need for surgery, and the evidence did not establish that the pre-existing degenerative spur was the wholly or substantially dominant reason for surgery; accordingly ACC must fund the surgery under Clause 1 Schedule 1.
1 Sept 2011
Medical evidence established the reverse shoulder replacement was required to treat pre‑existing degenerative rotator cuff arthropathy, not the rotator cuff tear caused by the January 2008 accident; therefore ACC correctly declined funding and suspended entitlements.
22 Aug 2011
The court accepted the treating surgeon's and independent orthopaedic specialist's opinions that the appellant sustained a patellofemoral subluxation in the 1 May 2010 fall which caused the chondral injury treated by surgery; those specialist opinions established causation on the balance of probabilities and the respondent's degenerative/repetitive micro‑trauma explanation did not rebut that causal nexus; accordingly ACC was liable to fund the surgery under Schedule 1 Clause 1 of the Act.
20 Dec 2010
Judge accepted the treating surgeon's evidence that the sudden onset of symptoms after the lifting event, together with absence of age-related degenerative changes on clinical and arthroscopic examination, established on the balance of probabilities that the subacromial impingement was caused by the workplace accident and therefore ACC must fund the surgery.
6 Oct 2010
Having weighed the contemporaneous military medical notes, physiotherapy records, radiological reports and the treating surgeon's detailed opinion, the Judge found there was sufficient positive evidence on the balance of probabilities to establish that the 1985 inversion injury caused post‑traumatic osteoarthritis and therefore ACC must fund the proposed arthrodesis surgery.