28 Mar 2019
Kilby v Accident Compensation Corporation (Treatment Injury)
- Citation
- [2019] NZACC 26
- Court
- District Court
On the balance of probabilities the appellant did not establish that the 19 April 2012 treatment caused a TMJ derangement: pre-existing symptoms dating to 2007 undermine a temporal causal link, the MRI evidence only demonstrates derangement by October 2012 but not causation, and expert opinions did not attribute the condition to the technician's treatment; risk of causation alone is insufficient under the applicable authorities and s32 ACC Act 2001.