25 Aug 2017
Shirkey v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2017] NZACC 106
- Court
- District Court
The Court preferred the Clinical Advisory Panel and radiological evidence that the L4/5 pathology reflected multi-level degenerative disease pre-existing the 25 January 2015 incident; the incident at most rendered underlying pathology symptomatic and did not cause the disc protrusion for which surgery was performed, therefore the surgery was not for a covered injury and ACC was not liable; appeal dismissed.