15 Apr 2010
Biggart v Accident Compensation Corporation
- Citation
- [2010] NZACC 56
- Court
- District Court
On the balance of probabilities the court accepted the treating surgeon's opinion that the supraspinatus tear was caused or materially aggravated by the May 2008 accident (and possibly initiated by the February fall) and rejected the Clinical Advisory Panel's conclusion of exclusion by degenerative change; accordingly the appellant established entitlement to ACC‑funded surgery and the respondent's primary and review decisions were quashed.