22 Feb 2012
Smith v Accident Compensation Corporation
- Citation
- [2012] NZACC 56
- Court
- District Court
On the balance of probabilities the imaging and expert panel evidence established that the rotator cuff pathology was largely a pre-existing degenerative condition (with features of chronicity predating 2009 and likely predating or not attributable to 2003), so the surgery was not for an injury caused wholly or substantially by the 2009 accident and ACC is not liable to fund it under the Act.
- Causation
- Entitlement to surgical funding
- Degenerative disease exclusion
- Medical evidence evaluation
- Radiographic evidence