16 Apr 2019
On the balance of probabilities the evidence was insufficient to establish a causal link between the covered 1999 ankle sprain and the right ankle osteoarthritis for which funding of ankle arthrodesis was sought; therefore entitlement to ACC-funded surgery was not established and the appeal is dismissed.
7 Sept 2018
The Court preferred the Clinical Advisory Panel and contemporaneous medical evidence and concluded the appellant failed to prove on the balance of probabilities that his present need for bilateral knee replacement is causally related to the 1981 accident; therefore entitlement under s67 was not established and the appeal was dismissed.
29 Apr 2016
The Court held ACC had a sufficient evidential basis at the time of suspension and, having considered all evidence, including pre‑accident imaging and multiple expert reports, concluded the appellant's ongoing incapacity was attributable to pre‑existing degenerative pathology (including L5/S1 spondylolisthesis and pre‑existing facet joint osteoarthritis) and not to a new structural injury from the 22 November 2011 accident; therefore the suspension under s117(1) was lawful and the appeal was dismissed.
24 Jun 2015
On the balance of probabilities the medical and imaging evidence, the documented absence of symptoms prior to the 2010 injury, and the demonstrated rapid deterioration between 2011 imaging and 2013 assessment establish a causal link between the 12 October 2010 covered injury and the need for left knee replacement; respondent decisions denying funding were quashed.
25 Mar 2015
On the balance of probabilities the claimant satisfied the causal link requirement under the continuing cover of the 1982 Act: the treating surgeon's opinion, the history of ongoing instability, medical records and x-ray findings supported that the need for knee replacement was in some degree causally linked to the 1991 covered injury; therefore ACC's decision to decline funding was wrong and is set aside.
30 Jan 2015
The court found that although the 22 March 2010 event likely caused final rupture of ligaments, the need for surgery was substantially the result of gradual degenerative change/ageing (osteoarthritis) rather than the 2010 accident, and that an earlier injury for which no cover exists cannot be relied upon to obtain entitlements; therefore the appeal is dismissed.
12 Dec 2014
Weighting the contemporaneous records and expert opinions, the court found on the balance of probabilities that the appellant's need for surgery was caused wholly or substantially by a pre‑existing osteochondritis dissecans aggravated over time, not by personal injury from the 1997 incident; therefore ACC's suspension of entitlements was upheld.
29 May 2014
On the balance of probabilities the appellant's elbow osteoarthritis did not meet the statutory test for a work-related gradual process under s30; however medical evidence identified a specific work-related event on 30 March 2002 that, on balance, caused the appellant's right elbow injury, so cover for right elbow sprain (including resultant osteoarthritis) is allowed while the gradual process claim is dismissed.
29 May 2014
On the balance of probabilities the appellant's right elbow osteoarthritis was not caused by a work-related gradual process under s30; however a specific event identified in the medical evidence (30 March 2002) was found to have caused post-traumatic degenerative change, therefore cover for right elbow sprain including osteoarthritis is allowed with the 2002 date substituted and the 2001 lifting date nullified.
31 Oct 2013
On the balance of probabilities the District Court preferred the treating surgeon's evidence that the 26 November 2009 fracture and the force of the fall materially contributed to deterioration of the left hip causing need for total hip replacement, and that the condition was not wholly or substantially caused by a gradual process or ageing, therefore the appeal was allowed and ACC's declination overturned.