6 Dec 2018
Sherwood v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2018] NZACC 192
- Court
- District Court
On balance of probabilities the evidence and expert opinions of the Corporation (CAP, Dr Reeves, Mr Hunter, Mr Howie) are more persuasive than the treating surgeon's speculative causation theory; the L4/5 pathology is more likely a pre-existing degenerative condition not shown to be caused or substantially accelerated by the 2011 T12 fracture, so the surgery is not covered and the appeal is dismissed.