27 Jan 2011
Warmington v Accident Compensation Corporation
- Citation
- [2011] NZACC 17
- Court
- District Court
The Clinical Advisory Panel's specialist medical evidence established the applicant’s bursitis and rotator cuff tendinopathy were degenerative pre-existing conditions rendered symptomatic by the strain but not caused by it; absent medical evidence to the contrary the applicant failed to prove on the balance of probabilities that the surgery would treat a compensable injury, so ACC’s declinature and the Reviewer’s confirmation were lawful and must be upheld.