30 Jun 2014
The court refused to adopt the Lyth/Ellwood judicial notice proposition for technical medical issues, held causation must be established on the evidence, found the medical evidence supported degenerative rather than accident causation, and upheld ACC's suspension of entitlements.
12 Aug 2011
There is no medical evidence contradicting the assessor's application of the AMA Guides; the appellant did not demonstrate the objective signs required to establish radiculopathy under the Guides (including required diagnostic testing), so the assessor's classification of Category II (5% WPI) was correct and the appeal must be dismissed.
29 Jul 2010
On the balance of probabilities the temporal connection between the successful right-sided surgery and the immediate onset of left-sided C7 radicular symptoms, coupled with the treating surgeon's opinion that intraoperative positioning or events could have initiated nerve root compromise, established that the left C7 radiculopathy was sustained in the course of treatment and therefore constituted a treatment injury for which ACC cover must be granted despite pre-existing degenerative foraminal narrowing.