6 Jun 2018
Hawes v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2018] NZACC 86
- Court
- District Court
The Court accepted expert and CAP evidence and contemporaneous imaging/operative findings that early osteoarthritic change (grade I) was present in 2010 and that the appellant's later severe medial compartment osteoarthritis progressed as a gradual degenerative process; there was insufficient evidence to establish on the balance of probabilities that the 2010 accident, the 2010 surgery, or later covered injuries wholly or substantially caused the need for knee replacement, therefore ACC correctly declined cover and the review decision was upheld.