6 Sept 2013
Wolstenholme v Accident Compensation Corporation
- Citation
- [2013] NZACC 290
- Court
- District Court
On the balance of probabilities the 24 June 2007 accident was a substantial and effective cause of the left L5/S1 disc prolapse requiring microdiscectomy; the treating surgeon's and independent orthopaedic surgeon's opinions were more persuasive than the CAP conclusion that the pathology was degenerative, therefore the ACC determination denying surgical funding was quashed and the appeal allowed.