12 Jul 2013
Accident Compensation Corporation v Fitzsimons
- Citation
- [2013] NZACC 213
- Court
- District Court
The Court preferred the evidence and analysis of the treating orthopaedic surgeon (Mr Coleman), found that the articular-sided partial supraspinatus tear was causally linked to the accident described and not shown to be predominantly degenerative, and concluded that ACC's reliance on degeneration and delay was insufficient to displace the surgeon's opinion; accordingly the appeal was dismissed and ACC must fund the surgery.