11 May 2011
Bretkelly v Accident Compensation Corporation
- Citation
- [2011] NZACC 137
- Court
- District Court
The Court found the surgery was principally to treat subacromial bursitis caused by the March 2008 wrenching injury, that bursitis is inflammatory and not degenerative, and that the presence of pre-existing glenohumeral osteoarthritis did not negate cover; accordingly ACC's refusal to fund the surgery was quashed and replaced with a direction to meet the surgery costs under Clause 1 Schedule 1 of the Accident Compensation Act 2001.