13 Jan 2016
The appellant failed to prove on the balance of probabilities that the bilateral inguinal hernias were caused by a work-related accident; the court accepted the specific expert opinion of Dr Prestage that the hernias were constitutional/common and that the lifting described was unlikely to have been causative, therefore the insurer's decision to decline cover is upheld.
18 Dec 2015
Court preferred the treating surgeons' and specialist's causal analysis (Flint and Mercer) over the Corporation's medical adviser, finding on balance that the left inguinal hernia was traumatic and resulted from the 27 May 2010 accident; therefore the Corporation's decision denying cover was set aside and cover was granted.
7 Sept 2012
Appellant did not discharge the burden to prove on the balance of probabilities that the inguinal hernia resulted from a single traumatic event at work; the factual and medical evidence (onset while seated, back rather than groin pain, delayed diagnosis, description as an indirect hernia) supported a gradual or disease process rather than an accident, so ACC cover was properly declined.
25 Feb 2010
On the balance of probabilities the appellant's inguinal hernia was caused by a single traumatic event on 2 April 2008; the appellant's credible evidence, the GP diagnosis shortly after the event, and a reasonable explanation for the absence of contemporaneous attribution satisfied the onus of proof and required quashing of the ACC decision declining cover.
19 Apr 2004
The judge accepted the appellant's sworn affidavit and the operating surgeon's opinion and found, on the balance of probabilities, that the chopping-wood event caused the inguinal hernia; thus the hernia constituted a compensable personal injury by accident and the prior declining decision was quashed.