25 Jul 2008
Eriksen-Rawlings v Accident Compensation Corporation
- Citation
- [2008] NZACC 173
- Court
- District Court
The Court preferred the weight of Dr Ruttenberg's opinion that, while the loose bodies were pre-existing degenerative fragments, the workplace accident produced sufficient force to move or reposition them causing impingement and a discrete new injury; therefore the condition was accident-related and not excluded by s117, so the cancellation of entitlements was unlawful.