15 Jul 2011
Shepherd v Accident Compensation Corporation
- Citation
- [2011] NZACC 188
- Court
- District Court
On the balance of probabilities the appellant failed to establish that his employment had the particular property or characteristic which caused or materially contributed to his rotator cuff condition under s.30(2); the occupational medical evidence (Dr Chew) that the condition is a degenerative pre-existing process and that criteria 1 and 3 are not satisfied was more persuasive than competing opinion, therefore ACC's decision of 11 May 2010 to decline cover was correct and must be upheld.