16 Mar 2018
Varrall v Accident Compensation Corporation (Entitlement to Surgery)
- Citation
- [2018] NZACC 49
- Court
- District Court
On the balance of probabilities the weight of credible medical evidence (treating surgeon, multiple orthopaedic surgeons and CAP), supported by imaging and operative findings, establishes the cyst and need for surgery were due to degenerative facet joint disease rather than caused by the 22 October 2012 accident; the appellant's expert opinion was speculative and equivocal and did not meet the required standard of proof.