25 Jan 2012
On the available evidence the appellant has not demonstrated on the balance of probabilities that the hernia resulted from a traumatic tear or rupture caused by the 10 April 2010 event; the evidence more closely supports a protrusion through a pre-existing defect and, because of conflicting medical opinion, further independent medical evidence is required before final determination.
14 Jan 2011
On the balance of probabilities the Judge found the appellant and the eyewitness credible and accepted there was a sudden traumatic onset of an umbilical hernia while lifting the bars; despite delay and limited contemporaneous records the evidence sufficed to conclude traumatic rupture caused the hernia, so ACC's declinature was incorrect and cover must be granted.
11 Jul 2008
On the balance of probabilities the medical evidence was equivocal and did not establish that a new tearing of the abdominal wall accompanied the appearance of the hernia; the presentation could equally be explained by pressure on an existing lesion, therefore no personal injury by accident was proved and cover is not available.
1 Dec 2004
On the balance of probabilities the evidence established that the bilateral inguinal hernia existed before the 31 May 2003 lift and that the lift merely produced a protrusion and symptoms; because the condition was substantially the result of a pre‑existing/gradual process it did not constitute an injury by accident under the Act and ACC cover was not established.