23 May 2018
XX v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2018] NZACC 78
- Court
- District Court
On the balance of probabilities the Court preferred the Clinical Advisory Panel and clinical advisor evidence that the rotator cuff pathology was degenerative/attritional related to subacromial impingement and not caused by the 20 June 2014 assault; the alleged mechanism was unlikely to produce the tear and the lengthy delay and lack of contemporaneous shoulder complaints negated a robust inference of causation, so ACC's decline and the reviewer's decision were upheld.