6 Dec 2018
Cleverley v Accident Compensation Corporation (Time for making Claim)
- Citation
- [2018] NZACC 191
- Court
- District Court
The appeal is dismissed because the appellant failed to establish, on the balance of probabilities and to the requisite standard, a causal link between the 1979 accident and the 2013-identified lateral meniscal pathology; the Corporation reasonably found it was prejudiced by the 35-year delay given absence of contemporaneous medical records and conflicting expert opinions, and there was no compelling medical reasoning to prefer the appellant's experts.