Herbst v Accident Compensation Corporation (Leave to Appeal to the High Court) [2025] NZACC 74 (7 May 2025) [pdf, 235 KB]
...are not post-traumatic, but rather, they result from her naturally progressive spondylosis (commonly called “wear and tear”). [25] The CAP was also of the view that the proposed surgery was not necessary and appropriate. [26] On 24 April 2023, Ms Herbst was seen by Dr Keith Laubscher, Musculoskeletal Specialist. Dr Laubscher did not agree that spondylosis and changes to the discs in the cervical spine had caused Ms Herbst’s ongoing symptoms. In his view, the accident was who...