29 Apr 2016
Sutton v Accident Compensation Corporation
- Citation
- [2016] NZACC 117
- Court
- District Court
On the balance of probabilities the evidence did not establish that the 13 June 2013 accident caused the pathology requiring surgery: the mechanism was indirect, there was delayed onset of symptoms, prior shoulder history existed, imaging and intraoperative findings and expert CAP advice supported a gradual degenerative process rather than a single traumatic cause; therefore ACC's declinature was correct and appeal was dismissed.