29 May 2013
Brogan v Accident Compensation Corporation
- Citation
- [2013] NZACC 148
- Court
- District Court
The court accepted the treating surgeon's specialized, patient-specific opinion as more persuasive than the Panel's general view and found on the balance of probabilities that the supraspinatus tear was caused at least in part by the 22 December 2009 accident and was not wholly or substantially due to degenerative disease; accordingly ACC must fund the remedial surgery and the review decision is quashed.