26 Oct 2017
Kemp v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2017] NZACC 129
- Court
- District Court
The Court accepted CAP's medical analysis that the labral tear and surgical treatment addressed underlying CAM morphology/FAI consistent with a gradual repetitive process; the mechanism was low‑force and not adequately explained by the treating surgeon to establish a traumatic cause, and on the balance of probabilities the need for surgery was wholly or substantially caused by the pre‑existing CAM/FAI rather than the 16 January 2015 accident, so ACC's refusal to fund surgery was upheld.