30 Jan 2014
Perry v Accident Compensation Corporation
- Citation
- [2014] NZACC 22
- Court
- District Court
On the balance of probabilities the available evidence—including imaging showing degenerative change, the appellant's rheumatoid arthritis, independent medical adviser opinions, and the intraoperative findings that rebutted the ultrasound tear diagnosis—demonstrated the shoulder pathology was the result of a gradual degenerative process (and related conditions) rather than the 15 December 2006 accident; therefore the respondent was correct to decline funding and the appeal is dismissed under the Accident Compensation Act 2001 statutory framework.