8 Jul 2016
Brooker v Accident Compensation Corporation
- Citation
- [2016] NZACC 186
- Court
- District Court
The CAP opinion that the superior labral pathology most likely reflected degenerative change or a normal variant, together with absence of convincing traumatic features (notably no biceps anchor avulsion) and the speculative nature of the treating surgeon's mechanistic explanation, meant the appellant failed to prove on the balance of probabilities that the covered accidents caused the surgical condition; the review decision declining funding for surgery was therefore upheld.