16 May 2013
Smith v Accident Compensation Corporation
- Citation
- [2013] NZACC 144
- Court
- District Court
On the balance of probabilities the Court found the appellant did not have a pre-existing symptomatic meniscal tear and that the 9 November 2011 event caused a distinct meniscal injury which rendered him incapacitated; accordingly the respondent's refusal of weekly compensation was wrong and is revoked, and the appellant is entitled to weekly compensation for the period of incapacity from cessation of right-leg incapacity in March 2012 until he resumed work after left-knee surgery.