2 Feb 2018
Appeal dismissed because the evidence did not establish that the hernia was caused by an accident on 5 November 2014: contemporaneous medical records and specialist reports do not support a traumatic, single-event onset, the Smith criteria were not met, and medical witnesses relied on late, inconsistent recollections not contemporaneous with presentation.
11 Feb 2011
Although a causal link between the 29 Sept 2008 accident and the right inguinal hernia was possible, the evidence did not establish causation on the balance of probabilities; the traumatic hernia guidelines were not met and the appellant failed to discharge the onus of proof, so ACC's decision to decline cover was correct.
10 Aug 2004
Although medical evidence made traumatic causation possible, the appellant failed to prove on the balance of probabilities that the rowing incident on 14 November 2002 caused the umbilical hernia because the late diagnosis and substantial delay in reporting undermined the necessary causal nexus; appeal dismissed.
14 Dec 2000
On the balance of probabilities there was insufficient evidence that the hernia was caused by a single event or series of events involving external force as required for an ACC 'accident'; therefore the respondent's decision to decline cover for a single-event injury is confirmed, but the matter is remitted for ACC to consider a claim for gradual process injury under s.33.