Question juridique clé
Whether the insurer proved that causality for the right-knee complaints ended by 1 May 2008
Solution extraite
No. The insurer did not prove, on the balance of probabilities, that all causal effects of the accident-related knee damage and surgeries had ceased by that date.
Motifs extraits
The medical record did not exclude at least partial causal significance of the admitted accident injuries and subsequent accident-related operations for the ongoing knee pain. The insurer’s expert reasoning relied on an incorrect standard and on questions framed on the wrong premise.