23 Feb 2015
Marsh v Accident Compensation Corporation
- Citation
- [2015] NZACC 39
- Court
- District Court
The court preferred the examined treating orthopaedic surgeon's opinion that the bench press incident caused bilateral rotator cuff sprains which produced bursal thickening and subsequent subacromial impingement; ACC's contrary reliance on generalized propositions and non‑examining advice (including factual errors) did not establish that an underlying gradual disease was the whole or substantial cause of the condition requiring treatment, therefore the treatment claim was covered and ACC's refusal was unjustified.