Judge Powell – Entitlements – Mr Fryer was involved on a motor accident in 2007 and suffered a back injury. In 2014 Mr Fryer’s surgeon proposed surgery to repair damage to his lumbar 4/5. ACC declined the surgery request as radiological imaging, taken after the accident, did not report damage to the lumbar spine. Appeal - Allowed - further investigations showed that ACC had afforded Mr Fryer injury cover, after the 2007 accident, for an open fractured lumbar vertebra. ACC had not revoke this cover and as a matter of law Mr Fryer remained eligible to entitlements to treat the covered injury.
A full copy of the Court decision is available here.