24 Jan 2014
Applying a robust view to the whole of the lay and medical evidence, the Court found on the balance of probabilities that the anterior stitch pulled out as a personal injury by accident in the lifting and twisting event on 5 May 2011 and that the injury was not shown to be wholly or substantially caused by a gradual process, so ACC cover must be granted.
3 Oct 2013
On the whole of the evidence the Court preferred the treating surgeon's opinion that the cartilage damage was significantly caused by one or more covered traumatic events (including cumulative effect), not solely by a gradual constitutional process; accordingly the appellant was entitled to funding for surgery and the review decision denying cover was quashed.
6 Aug 2013
The judge preferred the forthright, reasoned opinion of the treating orthopaedic surgeon over the CAP opinion and, applying the balance of probabilities and relevant authority, found the appellant's need for surgery was a direct result of the covered 2003 personal injury and was not wholly or substantially caused by a gradual process; appeal allowed.
15 Jun 2012
On the balance of probabilities the Court preferred the opinions of Mr Robertson and Dr Milne that the appellant suffered a disc protrusion causing L5 nerve compression as a result of the 17 August 2007 accident; the CAP/Mr Otto view misapplied the exclusion test and did not answer the causal nexus question, therefore the s26 exclusion did not apply and ACC must fund the surgery.