8 May 2015
Holden v Accident Compensation Corporation
- Citation
- [2015] NZACC 111
- Court
- District Court
On the fresh review of evidence, including the treating surgeon's operative observations that the labral and chondral tear appeared sharp edged and consistent with traumatic shearing rather than attritional degeneration, the Court concluded on the balance of probabilities that the injury and consequent surgery were caused by the accident and not wholly or substantially due to pre-existing morphology; therefore ACC must fund the operation.