17 Jul 2015
Ryan v Accident Compensation Corporation
- Citation
- [2015] NZACC 203
- Court
- District Court
The Court accepted CAP's analysis over the treating surgeon's theory: given the low‑energy mechanism, absence of imaging evidence of traumatic tendon or bony injury or inflammatory response, and the medical literature that trauma is not usually causative, the appellant failed to prove on the balance of probabilities that the frozen shoulder was caused by the 14 October 2013 accident; therefore ACC's decline to fund MUA was upheld.