16 Jan 2015
On the balance of probabilities the evidence did not establish that the appellant suffered a traumatic inguinal hernia caused by a sudden rupture from the claimed single strenuous event; the medical evidence of benign, easily reducible hernia and lack of acute tissue injury signs outweighed the appellant's evidence and GP opinion, therefore ACC's decline and the Reviewer's decision were upheld.
11 Jul 2013
On the balance of probabilities the court found the inguinal hernia was caused by the specific workplace event on 4 October 2011. The judge applied the Smith Guidelines, accepted the contemporaneous records and the surgeon's direct clinical and operative opinion (Mr Dickson) over the BMA's record‑based view, and concluded there was traumatic tearing sufficient to constitute a personal injury entitling the appellant to ACC cover.
11 Sept 2009
Judge Cadenhead gave decisive weight to the treating surgeon's opinion that, on the balance of probabilities, the lifting incident at work at least contributed to the appellant's right inguinal hernia; accordingly the court found causation established and allowed the appeal, setting aside ACC's and the reviewer's decisions.