3 Nov 2010
Lyth v Accident Compensation Corporation
- Citation
- [2010] NZACC 198
- Court
- District Court
The Court found on the evidence that although degenerative change existed at C6/7 prior to the fall, those changes were asymptomatic and the trauma of the fall caused further narrowing and C7 radiculopathy (nerve root entrapment); because the radiculopathy and need for surgery were caused by the accident, the surgery was a treatment entitlement under the Act and ACC's decision to decline funding was quashed.